You can write a will that leaves nothing to your spouse or partner. But that doesn’t mean they’ll receive nothing.
Family provision claims: In Australia, spouses and domestic partners can apply to the court for provision from your estate — even if you deliberately excluded them. Courts take these claims seriously, especially for long-term relationships.
What the court considers:
- Length of the relationship
- Financial contributions made
- Their current financial needs
- Whether they were dependent on you
When exclusion might stand:
- Very short relationships
- Where they have independent wealth
- Where there’s been separation (but not divorce)
Important: If you’re separated but not divorced, your spouse may still have automatic rights. Divorce generally revokes gifts to a former spouse, but separation alone does not.
Best approach: Get legal advice if you want to exclude or limit a spouse’s share. A poorly worded will can create expensive court battles.