Amendments to The Succession Act 1981

 What you need to know

To follow on from our July blog about partial revocation of Wills when a de-facto relationship ends by operation of law, legislative changes have also affected Family Provision Claims relating to de-facto relationships.

Family Provision Claims are the most common Will and Estate disputes. In the region of 8% of Estates in Australia in any year will be subject to a Family Provision Application which is a claim by a particular class of beneficiary seeking further provision from the Estate. The legislative changes clarify that the children of a de-facto partner may remain as eligible Family Provision Applicants not withstanding 1. how long you have known the deceased and 2. who introduced you to the deceased.

Powers of Attorney

Both Principals and Attorneys should be aware of the obligations of Attorney’s not to act in a conflict unless specifically authorised, to consult with other Attorneys, to keep records and to keep property of the Principal separate form the Attorney.

The Principals and the Attorneys should also consider if the Power of Attorney has been revoked by marriage, divorce, entry into a civil partnership or ending of a civil partnership, or by incapacity or the death of a party.