Changes to how a De facto relationship affects your estate planning
23 August, 2017Estate Planning, Wills, Trusts & Superannuation
Recent amendments to the Succession Act 1981 (Qld) in Queensland have changed the impact the ending of a de facto relationship has on a testator’s Will.
If the Will does not state otherwise, the Act now provides that the ending of a testator’s de facto relationship revokes:
The ending of a de facto relationship does not revoke:
A further amendment to the Succession Act 1981 (Qld) has changed the definition of a step-child who is an eligible applicant under a family provision claim to provide that the relationship of stepchild and step-parent ceases on:
Unlike marriage or a civil partnership which are formally terminated by a Court-issued order, there is no formal declaration to end a de facto relationship. The Courts have indicated there are three elements in relation to a de facto separation to terminate the relationship:
Parties to a de facto relationship which has ended will need to keep the three elements in mind to prevent the possibility of future claims against their estate by a former de facto spouse or former step-child.
Should you experience a de facto relationship breakdown, please contact the experienced Wills, Trusts and Estate Planning and Family Law Teams at Bell Legal Group on (07) 5597 3366 or email Tracey Carroll.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice.