Michael Tringham examines legal changes down under
With the Law Commission’s current consultation on “Intestacy and Family Provision Claims on Death” in mind, attention is drawn to New South Wales’ new intestacy laws. Part of the overall push for the harmonisation of succession laws throughout Australia, they change how an estate is to be distributed when a person dies without a will. I am indebted to Sandra Rocha of Sydney law firm SWAAB for her succinct analysis of the Succession Act 2006 as amended.
As of 1 March 2010 “spouse” includes a married, or a domestic partner who may be of the same or opposite sex. If an intestate had multiple spouses—that is, a relationship with their married partner and one or more domestic partners all at the same time—they will all share the estate, either by written agreement or court order. A “domestic partner” is one who had been continuously for at least two years in what used to be called a de facto relationship or that had resulted in the birth of a child.
If the intestate leaves one or more
