Jian’s story*
Jian and Liam had been in a relationship since 2016. They each owned their own home but spent much of their time living together and shared many parts of their day-to-day life. They spoke about making their relationship official with a civil partnership and making Wills together but never did.
In 2024, Liam died, and because he hadn’t made a valid Will, his estate was dealt with under Queensland’s intestacy laws. Under the law, a de facto partner, in a same sex or mixed sex partnership, can be recognised as a spouse, but evidence may need to be shown to establish that couple lived together on a genuine domestic basis for at least two years prior to a person’s death.
Without a valid Will, Jian’s status is uncertain
Although Jian regarded their relationship as committed and ongoing, not everyone in Liam’s wider family saw it the same way. Some relatives had had little contact with Jian while Liam was alive, so questioned whether he should be treated as Liam’s spouse for estate purposes. A few of Liam’s extended family members even raised the possibility they may be entitled to his assets.
This created a lot of uncertainty for Jian. He had to gather documents and other evidence about their relationship, while grieving Liam’s death. Administration of Liam’s estate was delayed while Jian proved his position as the rightful beneficiary.
Why Queensland law decides who inherits
Jian’s story shows that when a person in a de facto relationship dies without a Will, the surviving partner may face avoidable uncertainty at the worst possible time. In Queensland, the Succession Act 1981 (Qld) applies where there is no valid Will, and a de facto partner’s status turns on legal criteria and evidence.
If you’re in a de facto relationship and haven’t made a Will, your estate may pass in a way that doesn’t reflect your wishes. A Will isn’t just something to think about later in life.
Find out more about why a valid Will is vital
* This is a fictionalised case study created for the purpose of illustrating succession law concepts. Any resemblance to an individual, living or deceased, is purely coincidental.