Landlady and lodger arrangement leads to claim on estate

TINA owns her own home and lives alone.

She never married and has no children.

Tina decides to offer her spare room up for board and Peter soon moves into her house.

Peter receives a disability support pension and has not been employed for several years.

Ten years later, Tina passes away at the age of 65.

Tina leaves the whole of her estate to her brother and sister.

Peter challenges Tina’s will, seeking provision from her estate.

Peter claims that he was in a de facto relationship with Tina and that he is entitled to receive Tina’s home.

The Court hears evidence from ten witnesses, consisting of the parties’ friends and family.

One of the witnesses recalls a conversation with Tina where she stated that she had slept with Peter on only three occasions and that the experience was unsatisfactory.

The Court states that different types of living arrangements can create “borderline cases” which may include a relationship whereby the landlady permits the border to have sex with her every so often.

The Court is presented with Centrelink records, indicating that both Tina and Peter described their relationship status as “single”.

The Court ultimately finds that if a de facto relationship had existed, it was brief and ceased
many years before Tina’s death.

However, the Court finds that Peter and Tina’s relationship could be characterised as “persons living in a close personal relationship”.

This classification does not require a “marriage-like” relationship, and only requires a relationship whereby one party provides the other with domestic support and personal care.

It is revealed that Peter owns multiple motor vehicles and has a substantial amount of money in the bank.

Nonetheless, given his poor health, he is able to demonstrate financial needs and is awarded the sum of $100,000, payable from the proceeds of the sale of Tina’s home.

Peter’s costs are also ordered to be paid from the estate.

If YOU would like a particular issue addressed, please email me at manny@tblaw.net.au or call me on (02) 66 487 487.

 

By Manny WOOD, Solicitor