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NSW De Facto Partner's Child - Property Entitlement Decided in Wills?

Discussion in 'Wills and Estate Planning Law Forum' started by Marg M, 19 April 2015.

  1. Marg M

    Marg M Member

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    I have had de facto partner for the last few years (we met in 2007). I have 2 children (now in their early 20s) from a 20year marriage which ended in 2006. My de facto had a child about 17 years ago. He only lived with the mother for a few months, was lied to about contraception etc at the time and had no future living with this woman. He has paid some minimal child support. My question is: if he dies, is his child entitled to any of his or my property? Are children automatically entitled to your property if you die? Can this be determined in a will or agreement between myself and him? We just want to get some wills sorted but need to consider what rights children have.
     
  2. winston wolf

    winston wolf Well-Known Member

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    Hi Marg
    Your partners child can make a claim on his estate. As he has not fully contributed to raise the child this would increase the child's claim rather than reduce it.

    The fact surrounding the child's conception is irrelevant (not the child's fault). The child can not make a claim directly on your estate, but in NSW can claim on any joint property as national estate. When the child becomes an adult, the relationship remains the same.

    You partner should address the child in the will. Otherwise the child can claim that their exclusion was an oversight.

    If your partner chooses not to give a sufficient proportion to provide for the child I suggest he ad a codicil to the will advising the executor what to do when the Family Provision claim is made.

    Hope that clarifies your options.
     
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  3. Marg M

    Marg M Member

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    Thanks very much- very helpful. I only found out about this child 2 years ago! so want to protect my assets.
     
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