We’ve had loads of feedback on the campaign we’ve been running in The Messenger, featuring our specialist family lawyer Gillian Stuart.
For the campaign, Gillian put together a mix of quirky snippets and little-known realities around family law and legal life planning. And, if the number of approaches she’s had about them from readers while she’s been out and about is anything to go by, they’ve really struck a chord. Many have been quite taken aback by some of the legal quirks.
So, if you haven’t caught them yet – here they all are to date. And, if you have been following the campaign, keep an eye out in The Messenger for Gillian’s new wave of fascinating facts coming soon.
Did you know …
#1 Relationship over – and you think your former spouse automatically loses all right to inherit anything from you should you die? Ah, no. If someone is separated, but not divorced, they may still be able to lay claim to what you leave behind under Intestacy, the Property (Relationships) Act 1976 and the Family Protection Act 1955.
#2 Family chattels include household pets! Any disputes around who they should live with when a relationship ends are decided on the basis of the “best interests” of the pet.
#3 It’s bigamy to be married to two people at once… but you can still be married and in other “de facto” relationships at the same time, quite legally. And that can mean one big mess should you die without a Will – all partners and any children can lay claim to your estate.
#4 Slashing someone out of your Will might be seem like a great idea – bear in mind, though, under the Family Protection Act 1955 you have a “moral duty” to provide for your family on your death, and they can contest your Will if you’ve not done so. However, that moral duty can be reduced if there’s evidence of family behaving badly!
#5 A de facto relationship starts when you move into the same digs – right? Not necessarily. A couple can still be in a de facto relationship even if living in two separate houses – it depends on a number of factors.
#6 If the executor in your Will dies before you and you have not changed your Will, their executor becomes your executor, unless you have more than one executor.
#7 There are Express Trusts, Discretionary Trusts, Resulting Trusts and Constructive Trusts, which type do you have … or which might you need, if you haven’t yet looked into how best to protect your assets?
#8 You’ve signed your last Will and Testament, made clear what you want to happen to all your worldly goods once you shuffle of this mortal coil. Sorted. Maybe yes, maybe no. Always be aware the Family Protection Act 1955 can change what a Will says, so make sure your Will’s carefully drafted.
#9 When you get married or enter into a civil union, your Will is automatically invalidated – unless the Will specifies it was made in contemplation of the marriage or civil union.
#10 Know who you are lending to. If it’s a trust, always remember trust law is all about safeguarding beneficiaries, so there’s not much protection for outsiders, like creditors. When lending to a company, there are protections under the Companies Act, but there are no specific rules covering lending to trusts … so be careful!