Estate planning is essential for everyone, but for same-sex couples in New South Wales, taking proactive legal steps is especially important. While legal recognition of same-sex relationships has improved significantly in Australia, including marriage equality and de facto rights, there are still unique considerations that can affect how your assets, healthcare decisions, and family matters are handled.
A well-crafted estate plan by our Sydney and NSW estate planning lawyers at Szabo & Associates Solicitors helps ensure your wishes are respected and your loved ones are protected, no matter what the future holds.
Why Estate Planning Matters for Same-Sex Couples
Even with legal marriage rights now firmly established in Australia, estate planning remains critical for same-sex couples due to a history of exclusion from legal frameworks, complex family dynamics, and potential disputes over next-of-kin status. Without a clear estate plan, your assets may not be distributed according to your wishes, and your partner may have limited authority to make decisions on your behalf if you become incapacitated.
Key Documents Every Couple Should Have
All couples in NSW should consider having the following documents in place:
Will
A legally valid will is the cornerstone of an estate plan. It ensures your assets go to the person or people you choose. In the absence of a will, New South Wales’ intestacy laws determine asset distribution, which may not reflect your intentions, especially if you are in a de facto relationship not formally registered or legally contested by biological family members.
Enduring Power of Attorney
This document allows you to appoint someone, such as your partner, to manage your financial affairs if you cannot. Without one, your partner may face legal hurdles in managing jointly held assets or accessing accounts.
Appointment of Enduring Guardian
This permits you to appoint someone to make health and lifestyle decisions for you if you become incapacitated. For individuals in same-sex relationships, especially those estranged from their biological family, this ensures that your partner has the legal authority to make those decisions.
Binding Death Benefit Nomination
If you have superannuation, making a binding death benefit nomination is essential. Superannuation does not automatically form part of your estate. Without a binding nomination, the fund trustee may have discretion over who receives the benefits.
Navigating Complex Family Dynamics
Individuals in same-sex relationships may face unique family dynamics, such as estrangement, disapproval, or blended families. These factors can increase the risk of family provision claims or other disputes. By working with our experienced estate planning solicitors, you can minimise these risks through robust legal documentation and strategies such as testamentary trusts or letters of wishes.
Schedule a Consultation with Szabo & Associates Solicitors Today
Estate planning is not one-size-fits-all. For same-sex couples, working with a lawyer who understands the legal landscape and the specific issues that may arise is crucial. At Szabo & Associates solicitors, we are proud to provide inclusive, affirming legal advice tailored to your needs.
Whether you are married, in a de facto relationship, or navigating a complex family structure, we are here to help you secure peace of mind for the future. Contact us today to start building a plan that protects your loved ones and honours your wishes.
