A member asked almost 9 years ago

Contesting a will same sex partner

My life long partner of the same sex recently died without a will. My partner's family is saying I am not entitled to anything because we were never married. Can I challenge this?

Chris Wall
Solicitor/Director at Walker Gibbs and King P/L

A simple answer....yes.

The Succession Act of NSW (and similar enactments in other states I think) countsdomestic partnersas eligible persons to challenge a will if the will did not make "proper provision" for you.

In fact even someone who was wholly or partly dependant on the deceased, and was a member of the household of the deceased can challenge.

Of course whether you will be successful with a challenge, and whether it is worth it in both $ and other terms is something that you shouldask a solicitor with experience in the area.

Chris Wall

Answered almost 9 years ago   Legal disclaimer

Val Antoff
1 lawyer agrees with this answer
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Sandy  Rizkallah
Principal at Amicus Lawyers
Pursuant to the intestacy laws of South Australia, as a domestic partner who was in a close personal relationship with the deceased, you would be entitled to receive a majority of your partner's estate. Further information is required to assist in your query, including whether there are any surviving children etc.
You should obtain independent legal advice as soon as possible to discuss your options.

Suggested way forward

Contact me for an obligation free assessment of your claim and your prospects.

Answered over 8 years ago   Legal disclaimer

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