De Facto Relationships and Your Will
In Queensland, de facto relationships have important legal consequences when it comes to estate planning and wills. While most people understand that spouses have rights to each other’s estate, fewer realise that de facto partners are treated similarly under the Succession Act 1981 (Qld) provided they meet certain legal criteria.
If you’re in a long-term relationship but not legally married, this article is for you.
What Is a De Facto Relationship Under Queensland Succession Law?
Under Queensland law, a de facto relationship is defined (for succession purposes) as a relationship between two people who have lived together on a genuine domestic basis for at least two years. This legal recognition is completely separate from family law definitions and timelines.
Importantly, this is not about roommates or platonic cohabitation. The court looks for evidence of a shared life, including emotional connection, financial interdependence, and a continuing commitment to each other as a couple.
Why the Legal Definition Matters
The reason this definition is important is because a de facto partner is recognised as a “spouse” under the Succession Act. This means that if you die without a Will (intestate), your de facto partner may:
Have the highest priority to administer your estate, and
Be entitled to a substantial share—or all—of your estate under intestacy rules.
Even if you do have a Will, your de facto partner may still have the legal right to challenge it under family provision laws if they are not adequately provided for.
The Legal and Financial Risks of Dying Without a Will
If you’re in a de facto relationship and die without a valid Will, your partner may have to prove the nature of your relationship in court. This can lead to:
Delays in the administration of your estate
Expensive legal disputes
Emotional stress for your loved ones
Even where there’s little doubt that a de facto relationship existed, legal costs can quickly escalate. Trials in the Supreme Court often cost tens of thousands of dollars. This is money that could otherwise have gone to your beneficiaries.
The best way to avoid this? Make a valid, up-to-date Will that clearly outlines your wishes.
Estate Planning Tips for De Facto Couples
If you’re in a long-term relationship but not married, here are a few things to consider:
Tick off the two-year cohabitation rule. This is the first threshold the court will assess.
Think about how your finances are structured. Joint accounts, shared property, or financial interdependence may influence how the court views your relationship.
Communicate your intentions in a valid Will. Whether you want your partner to receive everything or ensure your children inherit your estate, it must be clearly stated.
Understand that a de facto partner has an unconditional right to challenge your Will. Planning for this with the help of a qualified solicitor can reduce the risk of future disputes.
Consider a Binding Financial Agreement. These agreements can sometimes clarify financial arrangements during life and after death.
What If You’re in a Relationship But Don’t Live Together?
Some people intentionally maintain relationships without living together to avoid the legal implications of a de facto status. That’s a personal choice, and it's legally significant. The court may not recognise a de facto relationship without the two-year cohabitation period. If you fall into this category, it may mean your estate passes to other relatives, such as children or siblings, unless your Will states otherwise.
Final Thoughts
Being in a de facto relationship carries legal consequences under Queensland succession law. If you’ve reached the two-year threshold of cohabitation and share a genuine domestic relationship, your partner may be treated as a spouse if you pass away.
This can be reassuring, or surprising, depending on your intentions. That’s why it’s so important to have a Will in place that reflects your current wishes.
If you’ve just realised that your relationship might be recognised as a de facto one, and your estate planning doesn’t reflect that, it’s time to act.
Book a consultation with Lidia today and we’ll help you secure your legacy with clarity and confidence.