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My mother passed away twelve years ago and my father has been living with someone else for ten years. I know my father made a will right after my mother passed away. My father's second partner is younger than him and has children from a former relationship. My siblings and I are concerned that the will my father made will no longer be valid. Is this right?
The Adult Interdependent Relationships Act amended the Wills Act so that an adult interdependent partner agreement revokes or cancels out a will in the same way that marriage does, unless the will states that it is made in anticipation of making an adult interdependent partner agreement. This means that unless the person making the will acknowledges in the will that an adult interdependent partner agreement is about to be entered into, the will is void.
The law only relates to situations where an adult interdependent partner agreement has been made and does not apply to the situation where an adult interdependent relationship is implied after the couple has been together over three years, or has a child in a shorter term, permanent relationship. It is possible that the fact the law applies to one kind of adult interdependent relationship and not to the other, will be challenged in future court proceedings.
July 2003
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