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.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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