Estate Planning for Same-Sex Spouses
I know this topic matters because when I advise same-sex couples I see the same worries again and again: will my partner be recognised, will my kids be safe, who gets the super and these are fixable with the right documents.
Let me start bluntly: being married helps, but it doesn’t solve everything — marriage often makes some legal processes smoother, but your will, powers of attorney and super nominations still need attention. There isn’t always certainty as to when someone is in a de facto relationship or not. So it’s time to make things certain for yourself and make your wishes clear.
First, get a valid will that names each other clearly, accounts for children (including step or donor-conceived kids) and spells out guardianship wishes if you have minors.
Second, review superannuation and any binding death nominations because super funds don’t always pay benefits the same way as a will directs, and you can lose control if nominations lapse.
Third, put enduring powers of attorney and advance health directives in place so your spouse or partner can manage money and medical decisions if you can’t, going to court is expensive and slow, and it’s avoidable.
If you have children, check parental orders, donor conception records, or adoption paperwork so the legal parentage is clear; otherwise disputes or delays can hurt the kids at an awful time.
Think about blended family issues and stepchildren: use trusts or clear testamentary trusts if you want to protect a surviving spouse while ultimately leaving assets to children from a previous relationship.
If either of you has children overseas, property abroad, or family in another country, get specialist advice because recognition of same-sex marriage and parentage can vary widely in different jurisdictions.
Don’t forget practical steps: review beneficiary forms on bank accounts, insurance, and super; ensure passwords and digital assets are documented; and keep copies of key documents in a safe, accessible place.
I help couples draft simple, usable documents that work in the real world — not just legalese on a page — and I’ll explain the trade-offs in language you actually understand.
My purpose here is simple: give you a checklist so you can protect each other, your children and your legacy without the usual stress and legal surprises.
You don’t have to be wealthy to need good estate planning, clarity and care are what protect families, and getting it right brings peace of mind.
Don’t leave your family to chance: tighten your documents now and rest easy knowing your wishes will be followed.
If you need help, we're here at WebWills.
DISCLAIMER
This commentary is published by HazeLegal for general information only—it’s not legal advice. If you have questions or need advice for your specific situation, we recommend speaking to a lawyer or reaching out to us at http://hazelegal.com.au before making any decisions.
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