This is the second in our series of articles on the uncertainties of death. (Click here to read Part 1.)
Another common misconception is that it is not possible in Queensland to have more than one spouse.
You might be surprised to learn, it is possible and more common than you may think.
A person can have, for example, two legal spouses when they are separated (but not divorced) from their first spouse and have formed a de facto relationship with a new partner.
The distribution of a deceased estate becomes immediately more complex and uncertain in these circumstances – especially given the complexities regarding the different definitions of “spouse” for estate purposes and superannuation purposes.
If you pass away without a valid Will and you have more than one spouse, the Rules of Intestacy contemplate your spouses reaching agreement as to the division of your assets!! In addition, your spouses may be eligible to make a Family Provision Application seeking provision (or further provision) from your estate.
The uncertainties can be eliminated through an effective estate plan.