The Estate Consequences Of Same-Sex Relationships

Bermudians who have entered into same-sex marriages, or civil unions/partnerships, in jurisdictions where those legal arrangements are permitted should be aware that such arrangements will likely not be recognised in Bermuda – and that will have an impact on their estate planning.

To date, no same-sex couples – whether married or in a civil union/partnership – have applied to the Supreme Court of Bermuda for recognition of their legal status as a 'married' couple. However, since neither our Constitution nor the Human Rights Act presently provides for protection under the law in respect of one's sexual orientation, it would be very unlikely that a petition to the Supreme Court for recognition of a same-sex couple's foreign marriage would be successful.