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Till Death Do Us Part
Manage episode 367048697 series 2860098
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Alfred Ip and Azan Marwah talk about the difficult subject of death, giving real-life examples of same-sex couples who have struggled through the existing legal framework. They reflect on how those hurdles faced by same-sex couples can be just as significant as those facing heterosexual couples – if not more so.
They discuss related issues of mental capacity and guardianship, as well as Enduring Powers of Attorney (EPOA) and Advance Health Directives.
Azan addresses arrangements for the disposal of the bodies of loved ones. He recounts the example of a recent client’s struggles, which ended up in court. This case led to the recognition that same-sex couples must be treated equally with heterosexual couples. To understand more about this case, you can check our live seminar and webinar “Estate Planning Advice for Same-Sex Couples” that Alfred Ip and Henry Li previously conducted in Chinese for elements/Project Touch BGCA.
They go on highlighting changes related to inheritance rights for same-sex spouses whose counterparts die without a Will, commonly called ‘intestate’. Complications are many, often caused by incorrect assumptions such as that a spouse will always inherit the entirety of the estate or other issues like domicile, property rights, charitable gifts, the inexistence of a common law marriage, etc.
Azan and Alfred conclude the webinar by delving into the topic of inheritance provisions for financial dependants and how this also applies to same-sex partners. In many circumstances, these cases can get rather ugly as they often involve opposite camps of beneficiaries and complex family estate disputes. They explain how making a simple Will can for most people prevent such costly litigation.
SHOW NOTES: 00:14 Hurdles that same-sex couples face when a spouse is ill or passes away 03:53 Mental capacity and Enduring Powers of Attorney (EPOA) 07:00 Access to a spouse’s dead body and post-mortem arrangements 11:36 Inheritance rights when dying intestate 16:39 Inheritance provisions for financial dependants
the HIP pride hub page: https://www.hugillandip.com/the-hip-pride/
Private Client, Probate & Trust practice: https://www.hugillandip.com/legal-services/private-client-probate-trust/
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