Safeguarding in future relationships
After the end of a significant relationship, it's completely natural to feel cautious when stepping into something new. Whether you’ve been through a divorce or the end of a de facto partnership, it’s wise to take steps to protect your assets, your children, and your intentions should something happen unexpectedly.
This article outlines key estate planning strategies to help safeguard your legacy in future relationships.
Be Aware of De Facto Relationship Implications
Under Queensland’s Succession Act 1981 and Acts Interpretation Act 1954, a person you live with on a “genuine domestic basis” for at least two years is considered your de facto spouse. This means they may:
Have priority to administer your estate if you die without a Will.
Be eligible to make a claim on your estate, even if they aren’t included in your Will.
This is different from the family law definition, so it’s important to understand your legal position under succession law.
Simply living with someone doesn't mean you’re automatically in a de facto relationship—but if you are, they have the same rights as a married spouse. So if you’re entering a new relationship, keep this in mind and ensure your estate planning reflects your intentions.
Consider a Binding Financial Agreement
A binding financial agreement (BFA), often referred to as a prenup, is a document created by family lawyers that outlines how assets will be divided in the event of separation. While not part of your estate plan, it works alongside it to offer financial protection.
Key points to know:
Both partners must receive independent legal advice.
BFAs must be carefully drafted and executed to be legally binding.
They are more expensive than general legal documents, but they offer peace of mind—especially for people entering second relationships or blended families.
If you’re forming a new relationship and wish to preserve your existing assets or provide for children from a prior relationship, a BFA can be an important tool.
Use Testamentary Trusts to Protect Children from Previous Relationships
A testamentary trust is a trust established by your Will that comes into effect after your death. It can be a strategic way to provide for children from previous relationships, particularly if you’re in a blended family.
You may decide to:
Leave a portion of your estate to a new spouse.
Direct a separate portion into a trust for your children.
This way, if your surviving spouse enters a new relationship, the assets earmarked for your children remain protected. Testamentary trusts can also provide tax benefits and asset protection, but their suitability depends on your circumstances, including the size of your estate and your family’s financial situation.
In some cases, clients prefer to leave their entire estate to a testamentary trust for the benefit of both their spouse and children, allowing flexibility while still preserving control.
Superannuation and Beneficiary Nominations
Your superannuation does not automatically follow the instructions in your Will—it depends on your beneficiary nomination. If you're in a new relationship, it’s important to update your binding nominations with your super fund to reflect your current intentions.
Superannuation benefits are often one of the largest components of an estate and can be directed:
Entirely to your spouse
Partially to your children
Into a testamentary trust
These decisions should be made strategically with estate planning advice to ensure your super is distributed according to your wishes.
Stay Proactive with Regular Estate Plan Reviews
One of the best ways to safeguard your legacy is to revisit your estate plan regularly—especially after major life changes such as:
Entering a new relationship
Moving in with a partner
Acquiring new property or assets
Receiving an inheritance
At Vicca Law, we recommend reviewing your Will every 1–2 years and making updates every 3–5 years or whenever your circumstances change. You don’t need to wait until you’re married or have children—updating your Will can be a preventative step that gives you peace of mind and clarity.
Final Thoughts
Safeguarding your estate plan for future relationships isn’t about being pessimistic—it’s about being prepared. If you’re entering a new relationship and want to ensure your children, assets, and legacy are protected, there are powerful legal tools available to help.
At Vicca Law, we specialise in helping individuals and families navigate complex estate planning situations. Whether you’re in a new relationship, part of a blended family, or simply want clarity for the future, we’re here to help.
Book a free consultation with Lidia Vicca or email lidia@viccalaw.com.au to discuss the right strategy for your estate plan.