DAVID and Helen live in the same apartment complex.

A relationship develops and they begin dating.

They start sleeping over at each other’s unit and they exchange keys.

After a couple of years, they begin going on holidays together.

They attend social and business functions together, regularly dine-out and exchange gifts.

David asks Helen to marry him and they have discussions regarding having children.

However, Helen does not wish to be married and does not wish to have children.

Their relationship deteriorates and Helen makes statements regarding the ending of their relationship.
Tragically, David unexpectedly passes-away shortly thereafter.

David does not have a will.

He leaves an estate worth $3 million.

Litigation between Helen and David’s siblings is commenced and the question arises as to whether David and Helen were in the de facto relationship at the date of David’s death.

Many witnesses are called and a lengthy judgement concludes that in relation to the deterioration of their relationship, it was not merely a “bump in the road”, but rather appeared to be “the end of one road and the beginning of another”.

Despite a finding that there was no de facto relationship at the date of death and that Helen therefore had no standing to administer his estate, Helen pursues a family provision claim against David’s estate.

Helen says that her 12 year relationship with David gave rise to a moral obligation for her to receive provision from his estate on the basis that she is able to demonstrate that she has substantial financial needs.

The Court accepts that Helen was at one stage, a dependent member of the same household as David and the fact that they maintained separate residences, was not fatal to her claim.

The Court ultimately awards Helen $500,000 and her legal costs are also paid from David’s estate.

Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.

This column is only accurate at today’s date and cannot be relied upon as legal advice.

By Manny WOOD, Solicitor