Issues for Non Married Partners

There are important legal consequences if your unmarried  partner dies without a Will or ‘intestate’.

In this site when we use the term “unmarried partner” we are referring to a person how has lived (cohabited) with another person as a partner in life.  People who are unmarried partners may be of the same or of the opposite sex.

If the couple were married or in a civil partnership they should see the separate section for intestacy and spouses/civil partners.

Many people may not be aware of their rights and disadvantages they could suffer in an intestacy by not being married or in a registered civil partnership.

An unmarried partner is not usually able to be the Administrator of their partner’s estate and is not entitled to receive a share of the estate under the rules of intestacy.

This section discusses these issues and in particular, other options that may be available to an unmarried partner to receive a share of their partner’s estate.  This includes contesting the division of the estate under the rules of intestacy.

Click below for further information on the following topics:


Will I receive my spouse/civil partner or unmarried partner’s superannuation?

Written by Terry Johansson | 18th September 2013

You may not automatically receive a benefit from your spouse/civil partner or unmarried partner’s superannuation fund. The contributor to a superannuation fund is usually entitled to nominate a third party to receive the benefits due after the contributor’s death. This nomination is often not binding on the trustee of the...

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