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?
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
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.
Hire lawyers to solve your legal problem now. Learn more
Other Questions
Featured Lawyers
If you're experiencing any technical problems, please email techsupport@lawadvisor.com.