Amprimo v Wynn

The appellant, Amprimo, sought provision from the estate of the deceased, Wynn, under Part 3.2 of the *Succession Act 2006* (NSW). The respondent, the executor of the estate, opposed the application. The appeal concerned whether the appellant was an "eligible" person for the purposes of the Act, specifically whether she had a sufficient relationship with the deceased at the time of his death to qualify for a family provision order.

The central legal issues before the Court of Appeal were whether the appellant and the deceased were in a de facto relationship or a close personal relationship at the time of his death, pursuant to section 57(1)(b) or (f) of the *Succession Act 2006* (NSW). Additionally, the Court considered whether the appellant was a member of the same household as the deceased at any time and whether she was wholly or partly dependent on him at any time, as contemplated by section 57(1)(e) of the Act.

The Court of Appeal found that the appellant's relationship with the deceased, which initially involved the provision of sexual services and companionship for payment, and later evolved into domestic care after a period of no contact, did not establish the necessary criteria for eligibility. The appellant's intermittent stays at the deceased's home while maintaining her own residence did not constitute living in the same household or a de facto or close personal relationship at the time of his death. Consequently, the Court dismissed the appeal.