Equal Rights for Same Sex Couples

7 March 2012

In what is believed to be the first same sex Testator’s Family Maintenance application in Australia determined by the Supreme Court of Victoria, a man who claimed he was in a secret same sex de facto relationship for 25 years has been awarded $300,000.00 from his late partner’s estate of  $2,500,000.00.

In his Will the deceased left his estate equally amongst his four children.  There was no provision for his secret partner, who then made a claim of $900,000.00 from the estate.  The claim was on the basis that he was in the same or similar position as a second spouse. 

The children claimed that he was merely a boarder and the relationship was one of friendship or convenience only. 

This argument was not accepted by the Supreme Court and establishes that a person in a same sex relationship has the same rights and will be subject to the same considerations as a person in a heterosexual relationship.

If you feel that you have not been adequately provided for in a Will you should contact Marvin Weinberg of this office to discuss your rights.