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Strategy 7: same-sex couple

Setting the scene:

  • Mitchell and his partner Cameron live together with their daughter Lily.
  • They are modestly wealthy, although this might change over time (and Mitchell may receive a substantial inheritance from his father Jay).

Issues for Mitchell and Cameron to consider:

Issue Options Instruction
Personal representatives

Who to nominate for the important role of executor and trustee in the event they both die. Consider alternatives

Appoint each other

Claire and Phil alternatives

Will executors be paid? No payment
Guardian for Lily

Who will act as Lily’s guardian?

Consider wishes regarding schooling, upbringing etc

Consider including powers regarding accommodation for guardians, purchase of motor vehicle etc

Will guardians be paid?

Claire and Phil to be guardians

No specific wishes, payment etc





Nominating beneficiaries

Do they want to gift everything to each other or make provision for Lily as well?

Lesser of $200,000 or 50% of estate to Lily at age 21

Balance to each other

What if a beneficiary predeceases?

If the other or Lily predeceases?



If the other predeceases, all to Lily but at age 25

If Lily predeceases or does not reach 25 years of age, all to the other

What if they all die (or Lily survives but does not attain 25 and has no children)  

Distribute 50% to Claire, the remaining 50% equally to Haley, Alex, Luke and Manny at 21 years