Special issues for defacto spouses and same-sex partners of people who die intestate

Defacto partners and same sex partners can face difficulties if their partner died intestate i.e. without a will, as inflexible intestacy rules will apply to distribute the deceased’s estate.

Under these intestacy rules, defacto spouses and same sex partners do NOT have an entitlement to any of the deceased’s estate, even if they have had children with the deceased. This can mean that the deceased’s brothers and sisters could end up taking some or all of the estate, and the defacto spouse/partner could get nothing.

However, under English law, there is an alternative, and CWPL can help you with it.

Under the inheritance laws, a defacto spouse/partner can commence a will contest/challenge to try to get something from the estate of the deceased partner. This is not an automatic right.

Defacto spouse/partners can face an exhaustive test to prove that they had co-habited with the deceased for at least 2 years before their death, or that they had been financially dependent on the deceased.

For many defacto spouse/partners it can be difficult to prove either of these requirements, especially if each partner had their own homes, as is often the case.

You should take your rights to contest/challenge a will very seriously: if you make a mistake you may lose your inheritance rights completely.

CWPL’s lawyers have had extensive experience with these sorts of difficult issues, and understand the complex situations that many defacto and same-sex partners can find themselves in.

Our experience means that we can deal with your situation, and nothing is too hard for us.

Do not give up your rights without calling us for an obligation-free Initial Review. If you do not proceed with us, this review will be free.

Do not give up your rights without calling us for an obligation-free Initial Review

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