By Darryl Browne -
Key decisions
- NSW Trustee and Guardian v Payne [2024] NSWSC 1371 (intestacy)
- Bowers v Matthews [2024] NSWSC 1353 and Alexiou v Alexiou [2024] NSWSC 1340 (family provision)
- Re Estate of Luttrell [2024] VSC 598 (rectification)
- Green v Green [2024] NSWSC 1442 (engaging medical experts)
- In the Estate of Robin Isobel Rawson [2024] ACTSC 365 and Dalziel v Gott [2024] QSC 276 (construction)
- AA as executor of the estate of BB v XX [No 2] [2024] WASC 39 and Estate of Jakov Pavic [2024] ACTSC 414 (forfeiture rule)
Inheritance on intestacy
David Hooper died intestate without issue. The question before the Court in NSW Trustee and Guardian v Payne [2024] NSWSC 1371 (Hmelnitsky J) was whether Margaret Payne was in a de facto relationship with David for a continuous period of two years prior to his death. If so, she inherited his estate by virtue of section 111 of the Succession Act 2006 (NSW). The Court found ‘David and Margaret enjoyed an unusually close and lasting relationship as a couple. They were about as close and committed to one another in an emotional sense as a couple could be’ (at [50]).
This included daily visits over decades, mostly by David to Margaret’s home. However, throughout that time, they maintained separate residences. The ‘difficult question’ for the Court was whether these elements of mutual living were sufficient to bring their circumstances within section 21C of the Interpretation Act 1987 (NSW) so as to constitute a de facto relationship, despite the fact they maintained separate homes. The Court stated:
