Does a de facto partner automatically inherit if someone dies without a will in Australia?
No, a de facto partner does not automatically inherit. They do have rights under intestacy laws, but far fewer than a married spouse. Without a Will, a de facto partner generally has to satisfy the court that they were in a domestic relationship with you for a continuous two years immediately before your death. That can spark expensive disputes, especially if the relationship was strained or other relatives dispute it existed. The simplest protection is to make a Will. If someone dies without one, a partner may need to apply for letters of administration.
For related guidance, see what is the difference between a joint will and a mirror will in Australia?.
Read the video transcript
No, they do not. Whilst de facto partners do have rights under Australian intestacy laws, those rights are much less than for a married spouse. If you die without a Will, your partner will need to satisfy the court that they have been in a domestic relationship with you for a continuous period of 2 years immediately prior to your death. This can often cause disputes amongst differing family members, particularly if the relationship was going through a rough patch or other blood relatives completely dispute the existence of the relationship. It can be an expensive headache for all those involved.
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