Will separating from my de facto partner impact my Will?

Amendments to the Succession Act 1981 on 5 June 2017 mean that the end of a de facto relationship will be treated the same as a divorce when it comes to the effect it will have on a person’s Will.

When a couple in a de facto relationship separate, parts of the deceased’s Will may be revoked if their former partner had been left any gifts under that Will, or where they had been appointed as the executor of the deceased’s estate.

It is therefore very important to review your Will once you become separated from your de facto partner.

Step children of a de facto relationship

Another way in which a de facto relationship is now treated the same as a marriage is in relation to the treatment of step children.

A de facto step child can now make a claim on your estate after you have passed away (known as a Family Provision Application) if they can show that their parent was in a relationship with (or married to) the deceased step parent at the time of either parent’s death.

If the parties were separated at the time of one parent’s death, the step children will not be eligible to make a Family Provision Application.

Contact us on 07 4963 2000 or via our online contact form to make an appointment to update your Will, or if you would like further advice about how your change in circumstances may impact your Will.

Lara Tom Lawyer

Lara Tom
Family Law

Related Articles

Why use a Testamentary

Under a standard Will, the Will-maker generally leaves their estate directly to individuals, that is, usually their spouse (if their spouse survives them) and then ultimately to their children.  However, if after the Will-maker's estate is administered and those individuals …

Family Provision Application

In Queensland, there are a number of ways in which you can dispute a Will. Such circumstances may include where the testator lacks capacity at the time the Will was made, where the testator’s Will has been overborne by undue …

Estate Administration
an Executor’s Responsibilities

When a person creates a Will, they appoint an executor to administer their estate upon their death.  The executor is responsible for ensuring that all outstanding debts and taxes are paid and that the remaining assets are distributed according to …