Mistresses entitled to family fortune

21/09/09

Mistresses and love-children will soon be entitled to a share of the family fortune unless there is a will in place specifically ruling them out.

Controversial new intestacy laws, to take effect in NSW early next year, introduce the concept of "multiple spouses" to increase provision for de facto relationships, The Daily Telegraph says.

This will have most impact where a married couple has separated but not divorced and the dead spouse was having a relationship with a new partner. The new laws will also benefit same-sex partnerships, where the deceased may have been involved with more than one person, and cultural or religious groups that allow multiple wives.

The laws complement legislation enacted earlier this year that gave more rights to de facto couples and same-sex partners in the event of a relationship breakdown.

"The term 'domestic partner' has been created to accommodate the new laws and includes a person in a de facto relationship with the deceased for two years or more, or, if less than two years, one that has resulted in the birth of a child," NSW Trustee and Guardian principal legal officer Ruth Pollard said.

Whether or not a person is a de facto spouse depends on such factors as the length of the relationship and public acceptance in the community - in the eyes of friends, for instance.