DE FACTO partners of deceased members of the Fiji National Provident Fund are entitled to a share of their savings.
In a landmark civil action ruling, the High Court Civil in Suva ordered that FNPF funds amounting to $28,226.71 be released to a de facto partner of a deceased.
Justice Deepthi Amaratunga said the funds were remitted to High Court due to the absence of nomination by the deceased.
“Deceased was never married, but he was in a de facto relationship with the applicant at the time of death,” Justice Amaratunga said.
“Previously, he had a relationship with the respondent, for nearly 10 years, and they also had two children from that relationship.
“Paternity of children is not disputed.” Justice Amaratunga said the respondent also had a de facto relationship with the deceased, but it ended more than five years prior to the man’s death.
He said she had left him for another person and had also obtained DVRO, against him.
“It is undisputed that her de facto partnership with the deceased had ended at least five years before the death of her partner and he had also started another de facto relationship with the applicant.
“So at the time of death the respondent was not the surviving de facto partner of the deceased.”
Justice Amaratunga said Section 6 of the succession probate and administration Act did not recognise previous de facto partners that ended prior to death.
“It had recognised wife or husband and de facto partner but not two or more de facto partners. Only a person in de facto relationship with the deceased is recognized, and applicant had established that she was having a de facto relationship with the deceased.”
He ordered that the two children of the respondent share equally the remaining sum of $16,453.42
