De facto spouses v Wills & Estates

Whether someone is contesting a Will as a de facto spouse, or seeking to receive a proportion of an estate where there is no Will (intestacy), then the Court must be satisfied that a de facto relationship existed at the time of the deceased's death.

As we have previously posted, Section 21C of the Interpretations Act sets out the requirements.

The sharing of a common residence can be tricky. There are many judgments focussing on the number of nights per week couples spend together, but ultimately relationship don't always feat neatly into predetermined boxes.

Sharing a common residence may be comprised of regular time spent together in one person's house, even if they do not stay the night - but not where they are treated as a visitor. There must be a degree of permanence to the arrangement - keeping clothes and personal items at the house, possibly caring for a pet, shopping for groceries for the house - these are examples of some of the factors that could assist in reaching the required threshold.

Contact us for advice relating to potential claims on your estate, or if you wish to consider your rights regarding another's estate: 👇