{"id":18789,"date":"2026-10-21T14:22:02","date_gmt":"2026-10-21T03:22:02","guid":{"rendered":"https:\/\/chuatan.com.au\/?p=18789"},"modified":"2026-10-21T14:22:02","modified_gmt":"2026-10-21T03:22:02","slug":"de-facto-partner-inheritance-australia-stepchildren","status":"publish","type":"post","link":"https:\/\/chuatan.com.au\/en\/de-facto-partner-inheritance-australia-stepchildren\/","title":{"rendered":"De Facto Partner Inheritance in Australia: Who Counts as Family?"},"content":{"rendered":"
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When someone dies, the first question is often simple: who is family? For many Asian and cross-border families the answer is not simple at all. A couple may have lived together for years without marrying. A marriage may have been celebrated in a village in Fujian, registered in Malaysia, or never registered at all. A parent may have children from an earlier relationship overseas, step-children here, or a child that the rest of the family has never met.<\/p>\n

Australian law answers the question differently depending on whether there is a Will, whether someone is claiming under the intestacy rules (where there is no valid Will), or whether someone is making a family provision claim against the estate. This article explains the main categories in general terms.<\/p>\n\n

Spouses and de facto (domestic) partners<\/h2>\n

Every state and territory recognises de facto partners for inheritance purposes, but each uses its own definition and terminology.<\/p>\n

Victoria<\/h3>\n

For intestacy, a “domestic partner” generally includes a registered domestic partner, or a person who lived with the deceased as a couple on a genuine domestic basis for a continuous period of at least two years immediately before the death, or who had a child under 18 with the deceased. Courts look at factors such as the length of the relationship, shared residence, financial interdependence, care of children and how the couple presented themselves to others.<\/p>\n

New South Wales<\/h3>\n

For intestacy, a domestic partner includes a person in a registered relationship, or a de facto relationship that lasted at least two years or produced a child.<\/p>\n

Other states<\/h3>\n

Queensland, Western Australia, South Australia, Tasmania and the territories each have their own definitions and minimum periods, and some differ between intestacy and family provision claims. Always check the law of the state that applies to the estate.<\/p>\n

A relationship that does not meet the intestacy definition may still give rise to a family provision claim in some circumstances, for example as a member of the deceased’s household or a person who was dependent on them.<\/p>\n\n

Marriages celebrated overseas<\/h2>\n

A marriage validly entered into overseas is generally recognised in Australia if it was valid where it took place and it is not of a kind Australian law refuses to recognise, such as a marriage where one party was under age or the parties were too closely related. Evidence matters. Families should keep:<\/p>\n