De facto Relationships and Stepchildren – Do you need to update your Will?

New legislation has recently come into effect from 5 June 2017 amending the Succession Act 1981 (Qld) which could have ramifications for you and may require you to consider updating your current Will.

These amendments have a particular emphasis on de facto relationships and stepchildren to bring the Succession Act into line with the types of relationships entered into by the community.  The amendments have the potential to affect anyone who has been or is in a de facto relationship.

There are two notable amendments namely:-

1.  The end of a de facto relationship now has the same effect on a will as a divorce.  That is, it revokes any benefits or gifts to the former de facto spouse as well as their appointment as executor of the will unless a contrary intention appears in the will.

2.  The definition of step-child now includes the child of a party to a de facto relationship.  This means that if your de facto spouse has a child, that child will be classed as your step-child under the Succession Act.  Accordingly, such a child will be eligible to bring a family provision claim against the estate of a deceased step-parent provided that the de facto relationship existed at the date of death of either party to the de facto relationship.

We recommend that you review your will every 2 to 3 years or whenever there is a major change in your life or circumstances and these legislative changes are important to consider when reviewing your existing will or making a new will.  To discuss how these changes may affect you please contact one of our experienced solicitors.