Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 23 April 2016.
When Jane dies at the age of 75, without leaving a will, Romeo makes a claim on her estate
Jane’s house was valued at $500,000 and she had $80,000 in the bank.
Jane was divorced at the age of 40 and had no children. Romeo was 15 years her junior.
Romeo claims that he was in a de facto relationship with Jane and he commences proceedings against the New South Wales Trustee and Guardian, who were appointed administrators of Jane’s estate.
Romeo claims that his relationship with Jane, entitles him to the whole of her estate, which would otherwise be shared amongst Jane’s siblings.
Romeo’s affidavits state that during their relationship, he attended to the shopping and washing and other household duties, including affecting household repairs to the property. He says that Jane provided him with financial assistance and despite the difference in their ages, they had an intimate relationship, which included “holding hands and kissing in public”. He is also able to accurately recite detailed information regarding Jane’s family history.
Romeo obtains an affidavit from a welfare worker, stating that she often saw Romeo and Jane “arm-in-arm or holding hands” and that she had seen them shopping and dining together. She states that they were “very affectionate; whispering and sharing laughs and always together”.
The New South Wales Trustee and Guardian obtains affidavits from a number of Jane’s neighbours, who state that Romeo and Jane did not live together. Similar evidence is also obtained from two other social workers.
Centrelink records are produced, stating that Romeo had never disclosed the existence of the de facto relationship.
The court notes that Romeo did not visit Jane in hospital after she suffered a stroke, shortly before her death and that he did not attend the funeral.
Ultimately, the court dismisses Romeo’s claim that he had been in a de facto relationship with Jane and orders him to pay the legal costs involved. It was noted, however that it was unlikely that Romeo would have the ability to pay.
