Wills & Inheritance HQ offers general information about Will and Inheritance issues to members of the lesbian, gay, bisexual and transgender (LGBT) community. This page’s information is of a general nature, does not take into account the many variations in the laws between the various Australian states, and should not be taken as proper legal advice. You should seek individual legal advice, applicable to your own personal information.
My LGBT partner has passed away, what do I do?
The death of a partner is never easy. The emotions of this time can be amplified due to a lack of information regarding what steps to follow or actions to take. Emotional stresses naturally are heightened whenever an involved party questions the validity of your relationship with the deceased.
This guide is available for people of any sexuality to provide general information on what to do when your partner passes away.
My LGBT partner died without a will
If a person passes away without a will, or without a valid will, they have died “intestate“.
Individuals within same sex couples are still considered the partner of the deceased, but as they are not blood relatives or “married” to the deceased they do not qualify under the intestacy rules. They can however claim from the estate.
Contesting a will or claiming more from an estate
It is possible to attempt to claim more from your partner’s deceased estate, whether they died with a will, or without one.
Different rules will apply to you depending upon whether or not you were in a civil partnership.
If your partner dies without a will, we can help you to enforce any rights you have to claim for further provision. This is a similar procedure to contesting a will, but you are contesting the effect of the rules of intestacy, by claiming that the rules do not give you sufficient provision.
Find out more about contesting a will.
Find out more about intestacy and what it means for unmarried partners or the general laws of intestacy.
Further useful information
CWPL: NOT a traditional law firm