Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 3 March 2018.
Matthew passes away at the age of 55 years. He made a will leaving the whole of his estate to his three children.
Matthew was an airline pilot and his estate was valued at $1.5 million.
Brenda makes a claim against Matthew’s estate, on the basis that she should receive provision by virtue of being Matthew’s de facto partner.
The court notes that in order to be successful, Brenda must show that she and Matthew had a relationship as a couple “living together”.
In circumstances where Matthew was a pilot and lived a “peripatetic life” and Brenda was a single mother with three children of her own, their inability to spend time together led to a dispute as to whether Brenda and Matthew were in fact “living together”.
The court accepted that Matthew and Brenda had an intimate personal relationship and that they spent time together at various locations.
Matthew’s children say that the relationship was no more than that of a “girlfriend and boyfriend” and that Brenda is ineligible to make a claim.
Evidence establishes that Matthew was generous to Brenda, paying for holidays, gardening assistance, babysitting and contributions to the living expenses.
The court also hears that although their relationship was not a lengthy one, they had planned to purchase a house together in anticipation of a long-term relationship.
The court notes Brenda’s significant debts and limited income earning potential.
The court ultimately finds that the test of “living together” is not primarily “locational” and awards Brenda $75,000 from the estate.
The legal costs of both sides totalled nearly $300,000, which were ordered to be paid out of the estate.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
