Protecting your Estate after separation

In NSW, the Succession Act defines who is an "eligible person" to make a claim against another person's estate after their death. Eligible persons may include:

• A person who was the spouse of the deceased person at the time of the deceased person's death; and
• A person with whom the deceased person was living in a de facto relationship at the time of the decease person's death; and
• A former spouse of the deceased person.
• A person with whom the deceased person was living in a close personal relationship at the time of the deceased person's death.

If you have separated from your spouse it is important that you consider your interests beyond the immediate action of splitting assets as, if one spouse predeceases the other, the former spouse may still be entitled to make a claim on the deceased's estate as an "eligible person".