An unfortunate story with an even more unfortunate outcome was
recently reported in the media, in which a 30-year-old man was
married, but he and his wife separated. The couple had finalised a
property settlement, but before signing the Divorce Application
provided to him by his wife, the man died. The man did not have a
will and, as a result, the Intestacy Rules applied, which meant
that his estate would be left to his wife as she was still
classified as his spouse (notwithstanding that they had separated,
finalised a property settlement and both repartnered). Sadly for
the man's new partner, they had lived with each other just shy
of the two years required to be considered a de facto couple. The
result now is that the deceased man's estranged wife is
entitled to 100% of his estate.
