![]() Each individual circumstances must be carefully considered against the legislative provisions to determine how an estate should be distributed. The above represents a general description of the intestacy rules and should not be relied upon as legal advice. Under the Property Relationships Act 1984 a same sex partner can be a de-facto spouse. Where the children are not children of the de-facto relationship then the de-facto spouse cannot take.Where the only issue are grandchildren or remoter issue then the de-facto spouse takes the spouse’s share.Where the only children were the children of the relationship then the de-facto spouse takes the spouse’s share.If the de-facto relationship existed for less than two (2) years prior to death then:.If the de-facto relationship existed for two (2) continuous years prior to death then the de-facto spouse takes the spouse’s share. ![]() If there is a Spouse and De-facto Spouse -ġ. If the de-facto relationship existed for two (2) continuous years prior to death andĢ. The intestate did not live with the legal spouse during any part of that period thenģ. The de-facto spouse takes the share the legal spouse would have taken.ĭe-facto Spouse and Issue but no legal Spouse If a person with a de-facto spouse dies intestate, the rights of that spouse may depend on the duration of the relationship. If one of the child’s parents dies and the other marries someone else and the surviving parent and their new partner adopt the child, the child does not lose any rights as the child of the deceased parent for inheritance purposes. ![]() Where the statutory trust is for any other class of relative other than the issue of the intestate then this description applies mutatis mutandis.īiological and adopted children have the same rights under the intestacy rules and it makes no difference whether the children were born within a marriage or outside of marriage.Ī step-child is not considered to be a child of the deceased under the intestacy rules.Īdoption by a parent and their new partner
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