De Facto Partner

A de facto partner is someone in a genuine domestic relationship with the deceased who was not legally married to them, including same-sex partners. For estate purposes a de facto is usually treated the same as a married spouse: they can be an eligible person for a family provision claim, and on an intestacy they generally share in the estate under the statutory order. Whether a relationship qualifies usually turns on factors like its length, living arrangements and financial interdependence.

Definitions and qualifying periods vary by state (some require a continuous period such as two years, or a child of the relationship), and a de facto relationship can affect or revoke an existing Will in some jurisdictions. Example: After eight years living together unmarried, Priya was recognised as a de facto partner and inherited under the intestacy rules when her partner died without a Will.