If you die and you have been living in a defacto relationship…

DearCustomer

I note your further detailed enquiry, with thanks. Please remember that Just Answer only provides general information, which will be of assistance to you. The Administration Act, 1903 (WA) applies;

In the event that you or your partner or his separated wife die and there is an intestacy (i.e. no will is left) then Section 14 of the said Act applies. It is complicated, but should also be read in conjunction with Section 15 (defacto wife provisions)

Section 14;

http://www.austlii.edu.au/au/legis/wa/consol_act/aa1903173/s14.html

It appears from Section 14 that his wife (even though separated) and his children take.

Section 15;

http://www.austlii.edu.au/au/legis/wa/consol_act/aa1903173/s15.html

It appears that because your husband is still married and that you have only been living with him in a defacto relationship for less than 2 years, that you are not provided for under this provision and thus are not entitled to share in the Estate on an intestacy.

If you died, because your partner and you have been living together for less than 2 years, he cannot take under this provision and if there is an intestacy, your children would take.

However, the Inheritance (Family and Dependants Provision) Act 1972 (WA) allows a defacto to make an application for provision within 6 months of the date at which the Administrator is able to administer the Estate; section 7.

Defacto partner is included in this section, however, the length of time at which a defacto partner has had to reside with Deceased in order to be eligible to claim is not mentioned. That section is set out at the link below;

http://www.austlii.edu.au/au/legis/wa/consol_act/iadpa1972412/s7.html

Also, the person usually has to show a financial need and that you were financially dependent upon the Deceased.

So, it appears that there is a need for your husband's divorce has to go through as soon as possible and for the both of you to prepare wills.

Please note also that a joint tenancy means that the dead person's interest goes over to the other joint tenant and does not generally form part of the Deceaseds estate.

I wish you well. If you have any other questions, please let me know. Otherwise, please don't forget to press the "Accept" button upon receiving this answer to your enquiry.

Sincerely,

Mary A.