If you don’t have a will, your de facto spouse gets around $470,000 out of your estate plus all of your personal effects and half of anything left over.
If you do not have a will, your estate will be dealt with under the “rules of intestacy”.
Section 106 the Succession Act 2006 states that your spouse, whether you are married or whether you have a de facto spouse, receives a lump sum of $476,551.31 plus all your personal effects and half of the rest of your estate. If you have children to a previous relationship, they receive the other half of the residue of your estate.
If you do not have children to a previous relationship, your spouse receives the whole of the estate.
If you have two spouses, they share the provision. This can happen if you are still legally married but also have a de facto partner.
A de facto relationship under the rules of intestacy, must have existed for two years or more. A de facto relationship can exist despite the absence of a “common residence”.
Depending on the size of your estate, the rules of intestacy can create an unfair result whereby a relatively short de facto relationship can cause your de facto spouse to receive the whole of your estate at the expense of your children.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au
This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.
