Why You Need a Will in a De Facto Relationship: A Guide for Victorian Couples
In today’s world, many couples choose to live together in committed, long-term relationships without marrying. These are known as de facto relationships. While de facto couples often share lives that are just as intertwined as married couples—raising children, sharing property, and managing finances—the legal landscape can be more complex when it comes to estate planning and Wills.
At Craigieburn Lawyers, we frequently work with individuals and couples across Melbourne who are surprised to learn that the law does not automatically treat de facto partners the same as spouses in every situation—especially after death. If you're in a de facto relationship and do not have a valid Will, you may be unintentionally leaving your partner unprotected.
In this blog post, we’ll explore:
What is a de facto relationship in Victoria?
Why a Will is essential for de facto couples
What happens if you die without a Will?
Common misconceptions
How to protect your partner and your assets
How Craigieburn Lawyers can help
What is a De Facto Relationship in Victoria?
In Victoria, a de facto relationship is recognised under both state and federal law. According to the Relationships Act 2008 (Vic) and Family Law Act 1975 (Cth), a couple is considered de facto if:
They are not legally married,
They are not related by family,
They live together on a genuine domestic basis.
Some of the factors the court considers in determining a de facto relationship include the duration of the relationship, financial interdependence, shared residence, children, and public presentation as a couple.
There is no requirement to register a de facto relationship in Victoria, though doing so can help provide evidence of your status.
Why Having a Will is Crucial in a De Facto Relationship
Many de facto couples assume that if one partner passes away, the surviving partner will automatically inherit their estate—just like a spouse would. Unfortunately, this isn’t always the case.
Here’s why a Will is so important:
No Automatic Inheritance: Without a Will, your partner may need to prove your de facto status in court to receive a share of your estate. This process can be time-consuming, expensive, and emotionally draining.
Family Disputes: If your family does not acknowledge your partner’s rights or relationship, it can lead to disputes and challenges during probate. A clear Will helps minimise conflict.
Blended Families and Children: If you have children from a previous relationship, your estate may not be distributed in the way you intend unless you have a valid Will.
Superannuation and Life Insurance: These do not automatically form part of your estate and often require nomination. Your Will and estate plan should coordinate with your super and insurance to protect your partner.
Asset Protection: A Will allows you to outline exactly how you want your assets distributed, including sentimental items, real estate, and financial accounts.
What Happens If You Die Without a Will (Intestate)?
When someone dies intestate (without a Will), the Administration and Probate Act 1958 (Vic) sets out how their estate will be distributed.
For de facto relationships, this can be problematic. While the law does provide for de facto partners in certain cases, your partner must prove the relationship and may not receive the whole estate—especially if you have children.
Here’s a simplified example:
If you die without a Will and leave behind a de facto partner and children, your estate will be divided between them.
If you have no children, your de facto partner may receive all or most of your estate, but only after proving the relationship.
This process is far from straightforward and can lead to costly litigation and delays.
Common Misconceptions About De Facto Wills
There are many myths about de facto rights and estate planning. Let’s clear up a few:
Myth 1: “We live together, so my partner will automatically inherit everything.”
Truth: Without a Will, your partner may not receive your entire estate and must prove the relationship.
Myth 2: “We’ve been together for over two years, so we’re the same as married.”
Truth: While time matters, the courts look at a range of factors. There is no guarantee.
Myth 3: “We share everything already—why do we need legal documents?”
Truth: Joint ownership is one thing, but assets in your sole name or superannuation may not automatically pass to your partner.
How to Protect Your De Facto Partner
To ensure your partner is taken care of, you need to take proactive steps:
1. Create a Legally Binding Will
This is the most important step. Your Will should clearly state your intentions and name your partner as a beneficiary and executor if appropriate.
2. Update Beneficiaries
Review and update your superannuation, life insurance, and joint ownership arrangements. Make binding nominations where available.
3. Consider Powers of Attorney
These documents allow your partner to make financial and medical decisions on your behalf if you become incapacitated. They are particularly important in de facto relationships.
4. Seek Legal Advice
Every relationship is unique. At Craigieburn Lawyers, we’ll ensure your estate plan is tailored to your situation and legally sound.
How Craigieburn Lawyers Can Help
Located in the heart of Melbourne’s northern suburbs, Craigieburn Lawyers understands the specific needs of de facto couples in Victoria. Whether you're just starting your life together, purchasing a home, or raising a family, we’ll help you put the right protections in place.
Our Wills and Estates team can assist with:
Drafting and updating Wills
Power of Attorney documents
Guardianship appointments for minor children
Estate planning for blended families
Advice on superannuation nominations
Probate and estate administration
We make the process simple, affordable, and stress-free.
Conclusion
Being in a de facto relationship doesn’t mean you’re any less committed than a married couple—but legally, it does mean you need to be more proactive.
A Will is not just a legal document. It’s a gift of clarity and protection for your loved ones. Without one, your de facto partner may be left to navigate complex and costly legal challenges—at a time when they’re already grieving.
Don’t leave things to chance. Whether you’re in Craigieburn, Mickleham, Greenvale, or anywhere in Melbourne’s north, our friendly team is here to help you protect what matters most.
Need Help With Your Will?
Call Craigieburn Lawyers today on 03 7379 4756 to book a consultation. We’re here to help you secure your future—together.