What Rights Do De Facto Partners Have If Their Partner Dies Without a Will?
De facto partners do have rights under Australian intestacy law, but they are not automatic. In this video, Kevin explains what a surviving de facto partner must prove to the court: that the relationship existed at the date of death and that it meets the state’s legal definition. He also covers the delays and complications that arise when other family members dispute the relationship. The fix, as Kevin says in the video above, is a valid and regularly updated Will. Watch next: how to reduce the risk of your estate being disputed.
Read the video transcript
De facto partners do have rights under intestacy law, but their entitlement is not automatic. They will generally need to prove to the court that they were in a de facto relationship as at the date of death, and that they meet the requirements of being a de facto under that state’s law. Complications may arise and there may be delays in obtaining a grant of letters of administration, particularly if there are other family members that dispute the existence of the relationship or that it existed as at the date of death. Therefore, it is important to ensure that you have a valid Will and that it is regularly updated if there are changes in your personal circumstances. A Will removes the uncertainty and avoids disputes at the worst possible time.
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