In the Estate of HRA deceased

The matter under consideration involved an application by Mrs SD, the mother of seven adult children, who sought to be declared as the de facto spouse of the deceased, Mr HRA, and thus entitled to his residuary estate on intestacy. Alternatively, Mrs SD sought an order that a handwritten document dated 12 February 2010 found at Mr HRA’s residence constituted his Will. The applicants, CWK and BKC, applied for Letters of Administration on intestacy of Mr HRA’s estate, seeking to be granted as Administrators. The central legal issue before the court was whether Mrs SD and Mr HRA were in a de facto relationship for a continuous period of at least two years prior to his death.

The court meticulously examined the evidence presented, considering the testimonies of Mrs SD’s general practitioner and psychiatrist, who indicated that Mrs SD suffered from moderate to severe dementia and had poor memory skills. Despite the lengthy period Mrs SD and Mr HRA lived together and presented as a couple, the court found that Mrs SD had not met the onus of proof required to establish a de facto relationship for the requisite period. The court concluded that the relationship had ended prior to the two-year period before Mr HRA’s death, making any disposition to Mrs SD under the Will void under s 15B of the Succession Act 1981 (Qld). Consequently, the court ruled that the informal document found did not constitute a valid Will. The court ordered that Letters of Administration on intestacy should issue to CWK and BKC.

The court provided clear reasoning for its decision, emphasizing the necessity for the proof of a continuous de facto relationship for the statutory period and the invalidation of any dispositions due to the relationship's termination. The court concluded by directing that CWK and BKC be granted Letters of Administration on intestacy and invited the parties to provide input on the form of the order and associated costs.