Declarations of domestic partnerships

Declarations of domestic partnerships

A domestic partnership is essentially the legal term most people know refers to a 'defacto' relationship but includes opposite sex couples, same-sex couples, and companion relationships.

A declaration from a Court is required in a variety of circumstances in connection with deceased estates:

  • where a domestic partner has not been adequately provided for in a will and is pursuing a claim under the Inheritance (Family Provision) Act
  • where there is no will and the intestacy provisions of the Administration and Probate Act apply entitling a surviving partner to share in the distribution of the estate
  • where death has been caused by the negligent act of a third party (eg in a road accident) and the surviving partner may claim damages from the third party
  • where the deceased was a contributor to a State superannuation scheme and the surviving partner may apply to the administrators of the scheme for a spouse's pension
  • where death has been caused by a homicide and the surviving partner may claim compensation under the Victims of Crime Act
  • where death occurs at work then a surviving partner may make a claim under the Workers Rehabilitation and Compensation Act.

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