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      When Sonya’s same-sex partner passed away, her partners’ parents disputed Sonya’s death benefit claim. We proved that Sonya was the rightful beneficiary.

      When Sonya’s same-sex partner passed away, her partners’ parents disputed Sonya’s death benefit claim. We proved that Sonya was the rightful beneficiary.

      Sonya

      Sonya’s partners’ parents never supported their relationship. The parents provided evidence that Sonya and her partner had separated for a period prior to her passing. This complicated the matter. The superannuation fund is required to consider whether there was an expectation that the relationship would continue into the future. The parents argued that the relationship between Sonya and their daughter was “off and on”, and there was no evidence that they expected the relationship to be permanent.

      We investigated, obtaining evidence that Sonya and her partner had, in fact, made plans for a future together. In preparing the claim, we reviewed the relevant law and found court cases with similar facts. We diligently satisfied the elements that the courts would consider, in the event this claim had to be litigated.

      By showing the superannuation fund that we were ready to go to court, we were successful. We proved Sonya’s claim and she was able to claim the full benefit of $120,000.

      Compensation received

      $120,000

      Claim type

      Death Benefit

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