How are same-sex relationships dealt with?
September, 2008
In some States, the definition of a ‘de facto’ relationship has been changed to include same-sex relationships by removing any reference to the gender of de facto partners.  This change has, in effect, included same sex partners in the definition of ‘de facto’. This important change affected a wide range of laws, including those relating to wills and estates.

Same-sex couples may now be considered de facto spouses provided they meet the standard

requirements for a de facto relationship; namely, that each person was the only partner of the other person and not in another de facto relationship.

The following issues will determine whether or not a same sex relationship qualified as ‘de facto’:

how long the relationship lasted
how long the couple cohabited
was there a sexual relationship
what level of financial dependence existed between the parties
was property owned, used and acquired
was there evidence of a mutual commitment to sharing their lives
how were household duties performed
how was the relationship perceived by other outside the relationship
Most other states and territories have followed NSW, which was the first to introduce the changes, and some have made even more sweeping changes.

So a same-sex partner of a deceased person has the same rights as a heterosexual de facto spouse.
 

FAQ Archive:
 
Can I challenge a will?
August, 2008
You may be able to challenge a will on a number of grounds, provided you are eligible to do so.  You would do this in the Supreme Court and it must occur no later than eighteen months after the deceased passed away....

 
How can I provide for financially reckless beneficiaries?
July, 2008
This a common concern when writing a will. In some extreme examples, where the possible beneficiary concerned is a spouse or child, it is very difficult to avoid naming them as a beneficiary because, as a child or spouse, they have an immensely strong claim against your estate even if you choose not to name them....

 
If I die without a will, who gets my assets?
June, 2008
When someone dies without a will, he or she dies ‘intestate’. In each state, the law has arrangements for this which detail who gets what from the deceased’s estate and how this process is to be administered....

 
Can I write my own will?
May, 2008
Anyone can write their own will or they can do so with the assistance of a solicitor specialising in wills.

Sometimes, people attempt a ‘homemade’ will without any guide or assistance but such documents often do not follow correct legal form nor withstand legal scrutiny; there are many formalities that a valid will must follow and legal assistance is really the best way to adhere to these....

 
Should I appoint a power of attorney?
April, 2008
You should always have a plan to deal with those times when you are not able to manage your personal business affairs – be it temporary or in the event of infirmity or tragedy....

 
When should I make a will?
March, 2008
The simple answer is that it is never too early or too late to make a will, but the best time is NOW.

Everyone of adult age should have a will....

 
What is the role of an Executor?
February, 2008
An Executor is the person appointed in another person’s will to dispose of the monies, property and other assets listed in that will, after the death of its author....

 
What is a will?
January, 2008
A will, often called a ‘last will and testament’, is a document written by an individual (the ‘testator’) stating what will happen to all his or her monies, property and other assets (collectively called ‘the estate’) when he or she dies....

 
Should I appoint an enduring guardian?
December, 2007
You should approach this decision in the same way you would approach the decision to make a valid will; its about catering for unpleasant possibilities that you can’t fully contemplate now, but doing so in the interest of your loved ones and yourself....

 
How are de facto relationships dealt with?
October, 2007
This can be an issue when the deceased did not write a will clearly expressing their intentions towards family and friends.  A de facto spouse may have to first prove that they were, indeed, the de facto partner of the deceased....