Lohse v Lewis

In the case of Lohse v Lewis, the applicant sought a distribution from the estate of the deceased, Roy Ruthenberg, pursuant to the Succession Act 1981. The applicant argued she was a de facto spouse of the deceased and thus entitled to maintenance from his estate. The court was required to determine if the applicant qualified as a de facto spouse under the Act, and if so, whether she was a "dependant" who was "wholly or substantially maintained or supported" by the deceased. The crux of the matter lay in the interpretation of the term "connubial relationship" and whether such a relationship existed for at least five years prior to the deceased’s death.

The court examined the nature of the relationship between the applicant and the deceased, assessing the evidence of their cohabitation and the extent to which the applicant was financially supported by the deceased. The definition of "connubial relationship" was critically analysed, alongside the evidence presented on the duration and nature of their relationship. The court concluded that the applicant did qualify as a de facto spouse, as the relationship met the statutory requirements in terms of duration and character. Additionally, the court found that the applicant was wholly or substantially maintained or supported by the deceased, satisfying the criteria for being a dependant under the Act.

Consequently, the court ordered that a sum of $500,000 be distributed to the applicant from the residue of the deceased's estate, to ensure her proper maintenance and support. The court also ruled that the other portions of the estate were not liable for this payment, thereby limiting the financial burden on other potential beneficiaries. This decision highlights the importance of the interpretation of statutory definitions and the weight of evidence in determining the entitlements of applicants under the Succession Act.