TRACEY died unexpectedly at 56, leaving no will.
Her estate was substantial and was largely made up of investment properties she had acquired over many years. She had no children and her next of kin were her brother, Kieran, and her two sisters.
Soon after Tracey’s death, Tina, a 48-year-old woman, asserted that she and Tracey had been in a long-term de facto relationship that continued right up until Tracey died.
She described Tracey as “my partner in every sense” and told the family it was obvious she should administer the estate and inherit it under the intestacy rules.
However, Kieran says the relationship ended shortly before Tracey’s death, after a serious argument between them. He recalled Tracey telling him she needed “space” and was uncertain about the future of the relationship.
Despite this, Tina moved into one of Tracey’s properties within days of her death.
She paid no rent, allowed a friend to stay with her, and began collecting rent from other properties.
When Kieran raised concerns, Tina said she was being treated “like a stranger instead of family” and expecting her to move out would be “callous”.
As months passed, communication between Tina and the family deteriorated sharply, with each accusing the other of disrespect and delay.
Tina commenced proceedings seeking a declaration that she was Tracey’s de facto partner at the time of death and alternatively sought provision from the estate, arguing she had been financially dependent on Tracey and had organised her life around the relationship.
The Court accepted that the relationship was genuine and significant.
However, text messages and witness evidence revealed periods of separation, strained communication and discussions about ending the relationship.
The Court found that the relationship had broken down before Tracey died, meaning Tina was not a spouse for intestacy purposes.
The Court did, however, find that Tina had been partly dependent on Tracey and had been a member of her household at various times.
An independent administrator was appointed, and Tina received only modest provision from the estate.
Thank you to Ellysha Laklem, for her assistance with this column.
Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call on (02) 66 487 487.
This fictional column is not legal advice.
By Manny WOOD, Solicitor
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