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If you die without a valid will you leave what is known as an "intestacy". Many people think that the Government will take their assets if they die without leaving a will. This is not true, but your assets will be distributed according to a legal formula.

If you leave a de facto spouse (and no children) the de facto inherits the whole of the estate. Note, the definition of de facto has changed. From 24 September 1999 a de facto spouse includes a person who:

• was the sole partner of the deceased person; and
• was not a partner in another de facto relationship.

This means that same sex couples may now have entitlements when their partner has died without a will.

If you leave a de facto and children, the same formula applies as for a spouse and children - in other words, de factos have the same rights as a married spouse.

Where the deceased is survived by a de facto and a spouse, it partly depends on the length of the relationship with the de facto, and whether there are children from the de facto relationship.