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Domestic partners

Where there is no will (an 'intestate estate')

A domestic partner is entitled to inherit an intestate estate (see If there is no will - distribution of the estate). There is no requirement that a person be legally married to the deceased in order to inherit.

For the purposes of inheritance of an intestate estate a domestic partner may be entitled to an equal share with a lawful spouse. see if there is no will - distribution of the estate.

Where there is a will

A domestic partner may also claim under section 6 of the Inheritance (Family Provision) Act 1972 (SA) as a spouse of the deceased, if she or he believes the will makes inadequate provision for her or him see Contesting a will - Inadequate Provision.

Domestic partners  :  Last Revised: Thu Nov 13th 2014
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.