14 Jun The Succession Act in the context of Family Law
Clients who have recently experienced the breakdown of a relationship are commonly concerned regarding the rights their former partner or spouse may have against their Estate.
Following separation, it is important to consider making a new Will appointing a new Executor and clearly setting out how and to whom you want your Estate distributed. It is also important to be mindful that a divorce or annulment of a marriage may cause your current Will to be invalidated.
Unfortunately, if your Will is invalid or you have specifically excluded your former spouse or partner under your current Will, provisions within the Succession Act mean that a former spouse or de facto partner may still be deemed as an ‘eligible person’ who may bring a claim against your estate.
A possible solution to this is for you and your former partner to “release” your rights to make a claim against your respective estates as part of your property settlement or divorce process. With the Court’s approval, former partners may execute a legally binding agreement to release these rights.
This additional step as part of your Family Law settlement will provide you with not only peace of mind, but further protection of your assets.
 Section 13 Succession Act.
 Succession Act 2006 (NSW)
 Section 95 Succession Act.