Laws that can affect your Will
There are a number of laws that can have an affect on your Will. These apply to...
- your relationship with a partner or spouse - The Property (Relationships) Act
- your immediate family - The Family Protection Act
- any promises you might make to reward for services or work done - The Law Reform (Testamentary Promises) Act.
When you make your Will with Public Trust, we'll give you expert advice on the options you have in managing any issues that these laws may create for you.
Here's a quick overview.
The Property (Relationships) Act
In very general terms if you have been in a relationship for three years or more, your partner is entitled to half your relationship property if you leave or die. This applies to married, civil union and de facto couples (including same sex couples). But you can make your own agreement if you want - this is called a `property sharing' or `contracting out' agreement (note that you and your partner would each need independent legal advice).
If you die your partner has six months to either accept what you leave them in your Will or claim their share under the Act. If you don't have a Will your partner can still claim their share under the Act, or accept their entitlement as the law prescribes.
The Family Protection Act
Certain people have the right to contest your Will if they feel that you have not made adequate provision for them. The court will then have to consider their circumstances and any obligation you had to them. We can advise you who those possible claimants might be in your particular case.
The Law Reform
(Testamentary Promises) Act
If you've promised someone that they will receive a reward in your Will for their services, (such as housekeeping) and you don't keep the promise, then they could contest your Will.