Will

WILL IN SAME SEXED RELATIONSHIP:  I am a female living with another female in a relationship. We purchased a house together a few years ago. But my partner made out a will that if she dies before I do, the property will be sold and her share is to go to her sister. Can she do that?

There have been a number of cases similar to your problem. First you have to find out if the property was purchased in ‘tenancy in common’ or in ‘joint tenancy.’  Usually in a joint tenancy the surviving partner automatically inherits the property. These days most couples purchase property in joint tenancy. But theoretically, if the property was purchased in tenancy-in-common, your partner can in fact bequeath her half share to her sister. Of course, you will appeal on the basis that in a relationship, even in a same sex relationship, the principle of the surviving partner staying in the ‘family home’ ought to apply. But it is better to discuss this with your partner in a lawyer’s office where you will get immediate feedback about your circumstances.

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