Your Estate

Under the Succession Act 1996, New South Wales, the Supreme Court may make an Order for provision to be made from your estate for your partner, if the Court is satisfied that you have not made adequate provision for the other party’s maintenance education or advancement.  The Court would balance your partner’s claim with the competing claims for provisions for your children and any other person you then have a duty to support (if any).

When determining an application by your partner for provision from your estate the Court would consider the contributions made by your partner both of a financial nature and otherwise to  be acquisition, conservation and improvement of the property forming part of your estate and to your welfare, and to the circumstances of your relationship.  These matters are similar to those considered by the Family Court when determining an application for property settlement or spouse maintenance under the Family Law Act.

You have similar rights against your partner’s estate.

If it is your intention that neither you nor your partner will make any claim against each other or against the estate of each other in the future, you should sign a Deed of Release.  To prevent such a claim being made in the future you must seek the approval by the Court of the Deed of Release in the Supreme Court.

If you would like to protect your Estate after the relationship is no more, please call Julie at Shedden & Associates today on (02) 9891 0055 or 0411 667 699 to arrange a conference to discuss such matters.