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This book is only available in PDF format
Author(s): Catherine Atchison, Greg Kelly
Published: 11 March, 2002
Pages: 85
   

The Property (Relationships) Act 1976 impact on wills and succession planning

The Property (Relationships) Act 1976 (PRA) brings about fundamental changes to succession and family law. While considerable publicity has focused on the extension of the regime under the Matrimonial Property Act 1976 (MPA) to de facto partners (including same sex partners), for some lawyers the most significant changes will be:-
  • recognition of the claims of surviving de facto partners on death;
  • recognition and establishment of a regime on death after successive and contemporaneous relationships;
  • recognition of claims by de facto partners on death where there is no will;
  • extension of claims under the Family Protection Act 1955 (FPA) to de facto partners.
  • extension of the class of step-children who can claim under the FPA.

The purpose of this seminar and this booklet is to examine certain aspects of these fundamental changes and how they affect the drafting of wills, the administration of estates and the protection of assets for families and individuals. These changes will be of enormous significance and will have considerable impact on the way in which lawyers practise. We start with some general comments.


 

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