Does a Will Override a De Facto Partner?

In Australia, the rights of de facto partners when it comes to estate matters can be complex, especially when a valid will is in place. Many people assume that a will will automatically override a de facto partner’s claim, however this isn’t always the case. The Succession Act 1981, provides protections for de facto partners, allowing them to challenge a will under certain circumstances.

Under Queensland law, a de facto partner has significant legal standing when it comes to inheritance. If a person dies with a valid will that doesn’t provide for their de facto partner, the partner may be able to contest the will through a Family Provision Application under the Succession Act 1981 (Qld). This means that a de facto partner may still receive a share of the estate even if they were left out of the will.

If someone dies without a will (intestate), the Queensland intestacy laws will dictate how their estate is distributed. Under these laws, a surviving de facto partner is entitled to inherit part or all of the estate, depending on whether the deceased had children. If the deceased had no children, the de facto partner can inherit the entire estate. However, if there are children, the estate is split between the children and the de facto partner.

While a will can attempt to exclude a de facto partner, it doesn’t guarantee that they will not receive anything. If the will doesn’t provide for them adequately, they can apply to the Supreme Court of Queensland for a Family Provision Order, arguing that they were financially dependent on the deceased and should receive a portion of the estate.
In Queensland, a will doesn’t necessarily override a de facto partner’s rights. If a de facto partner is excluded or inadequately provided for, they may be able to contest the will and claim a share of the estate. If you are in a de facto relationship or want to ensure your estate is distributed as you intend, seeking legal advice is crucial.

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 0641 if you need our assistance.