De Facto Partners and Intestacy: Understanding De Facto Partner Entitlements
When someone passes away without leaving a Will they are considered to have died intestate. In such situations the distribution of the deceased person’s estate is determined by statutory rules. The Succession Act of 2006 (NSW) (the Succession Act) outlines the statutory rules for distribution of an intestate estate.
In determining who is considered as the next of kin entitled to the intestate estate, the Succession Act gives a broad definition to the term ‘spouse’. According to section 105 of the Succession Act, a ‘spouse’ includes someone legally married to the person who has died intestate or was in a domestic partnership with the person who has died intestate, immediately before their death. A domestic partnership also includes a registered relationship or a de facto relationship that has existed continuously for a minimum of two years or has resulted in the birth of a child. [...]
