If I separate from my spouse but do not divorce them, do they receive anything if I die without a Will?

Most people presume that when a married couple separate, any claims to each other’s Estate cease at the time of separation. However, this presumption is incorrect.

Any claims to each other’s Estate cease at the time of divorce, not separation.

From my experience, clients are quite shocked to learn that even though they have been separated from their spouse, in some circumstances for two or three decades, if they were to die without a Will (die intestate), their spouse will inherit part or all of their Estate depending on who is the next of kin.

When someone dies without a Will (intestate) in Victoria, who administers and inherits your Estate is dependent on who your next of kin are.

If you are separated from your spouse and do not wish for them to benefit from all or part of your Estate, it may be time for you to consider making a Will that appoints others who you wish to administer and/or benefit from your Estate. 

Author: Mark Murnane, Wills & Estate Lawyer (Australia Wide)

DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.