John’s story*
John and Anita married in 2010. They were a hardworking couple who dedicated much of their lives to their careers and didn’t have children.
Over time, their careers took off. But by then, they were living separate lives, and eight years after their marriage, John and Anita separated. The former couple amicably divided all of their assets and went their separate ways but never formally divorced.
Anita started new relationship two years later, while John remained single. In 2025, John died suddenly. He had never made a Will, always thinking that it could be done in the future, when he had more time for personal paperwork.
Without a valid Will, Anita inherits John’s assets
Despite the length of their separation and having had no contact in seven years, Anita was still John’s legal spouse at the time of his death. Under Queensland law, that meant she was entitled to the whole of his estate.
For John’s extended family and friends, the result came as a shock. They firmly believed John wouldn’t have wanted the assets he’d worked so hard for to pass to Anita.
Sadly, personal assumptions, family expectations and informal understandings don’t control the distribution of John’s estate. In the absence of a valid Will, the Succession Act 1981 (Qld) determines who benefits from John’s assets.
Why Queensland law decides who inherits
John’s story is a powerful reminder that separation doesn’t automatically change a couple’s legal position in terms of their deceased estates.
If your relationship has ended but you haven’t divorced or 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.