Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 11 November 2017.

Andrew unexpectedly passes away. He was never married and had no children. He did not leave a will.

Andrew and Mary had a “close” relationship for many years.

Records produced by Centrelink state that Mary had received Social Security benefits on the basis that she was not in a relationship with Andrew.

Evidence also indicates that although Andrew and Mary resided on the same property, they lived in separate dwellings. Andrew had stated that he was happy to live in a residence that was being renovated as he wanted to live separately from Mary.

They did not own the property jointly nor did they have joint bank accounts or own any other assets together.

Andrew and Mary rarely attended social engagements or family functions together and there is also evidence that witnesses observed, from time to time, that their strong personalities “clashed”.

Hospital and business records contain references to Mary being Andrew’s “friend” or “girlfriend” and do not describe her as a wife or partner.

There was however evidence relating to an insurance policy, indicating that Andrew referred to Mary as his de facto wife. Andrew also signed an affidavit several years before he passed, which referred to Mary as his fiancé.

Mary says they had a sexual relationship and that Andrew provided her with money to meet “family expenses”. She also says that Andrew relied upon her to perform domestic chores.

Mary also produces evidence that Andrew contributed funds towards the purchase of the real estate in her name.

Mary claims that she is entitled to the whole of Andrew’s estate by virtue of being his sole surviving spouse.

Andrew’s siblings defend the claim on the basis that they are entitled to his estate because Mary and Andrew had ceased being in a de facto a relationship at the date of his death.

The court ultimately rules in Mary’s favour.

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.