Did you know that your de facto partner could have a significant claim on your estate? In Australia, de facto relationships come with their own set of legal intricacies that can greatly impact your Will and superannuation benefits. Here's what you need to know to protect your partner and ensure your wishes are met.
Why It Matters:
If you haven't made adequate provisions for your partner, they might challenge your Will.
Ensuring your partner has shelter, a steady income, and a financial cushion for life's unpredictability is crucial.
The Law's Take:
A de facto relationship might automatically exist if it's registered or there's a child involved.
If your relationship lasts over two years and shows signs like shared residence, financial interdependence, or a mutual commitment to a shared life, it’s likely legally recognised.
What the Courts Look At:
Living together? Check.
Financial ties? Check.
Shared life goals? Check.
Supporting each other’s kids? Check.
Publicly seen as a couple? Check.
Pro Tip:
Courts take a holistic view, so all aspects of your relationship count. This applies to both same-sex and opposite-sex couples, even if there's another marriage or de facto relationship in the picture.
Your Next Moves:
Lawyer Up: Discuss your relationship status with a legal expert.
Will Power: Ensure your Will reflects your partner’s needs.
Super Savvy: Review and update your superannuation nominations.
Decide Wisely: Choose who should receive your super benefits.
Lock It Down: Consider a binding, non-lapsing nomination for peace of mind.
Stay Current: Regularly update your legal documents to reflect any changes.
Don’t leave your partner’s future to chance. Consult your Inherit-nominated lawyer today to ensure your de facto partner is well provided for and your legacy is secure.
Your estate planning journey starts here. Secure and protect your legacy with our comprehensive, tailored estate planning services.
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