SUCCESSION: Love, affection, but not money
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SUCCESSION: Love, affection, but not money
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Summary
CASE: Wertheim v Perpetual Trustee Company Limited [2021] NSWSC 1229Relationship come in all forms. The nuclear family dynamic is declining in prevalence.
One form that is becoming increasingly common is the blended family, where you have spouses who have no children together, but have children from a previous relationship.
Later-life de facto relationships come with different concerns. For example, both parties will usually be older and will have accrued their own savings, superannuation, assets and property by the time their current relationship started. They may agree that they will continue to be financial independent, that throughout their relationship they won't intermingle their funds, they will each pay their own way, and, on their death, their estate will go to their respective children or their biological family.
This is a sensible and reasonable decision to make. But after death, can the surviving de facto go against that agreement to make a claim on the estate?