NSW Trustee and Guardian v McGrath

In the case of New South Wales Trustee and Guardian v McGrath, the dispute centred around the question of whether the deceased had been in a de facto relationship with a man at the time of their death, which would affect the distribution of the deceased's estate. The matter was heard in the Supreme Court of New South Wales. The deceased had been in a friendship with a man, but they did not reside together and the man did not describe himself as the deceased's de facto partner. The legal issues before the court were whether the relationship between the deceased and the man qualified as a de facto relationship under the relevant legislation, and if so, how this would affect the distribution of the deceased's estate.

The court examined the relevant statutory provisions, including section 32G of the Probate and Administration Act 1898 and section 4 of the Property (Relationships) Act 1984, to determine the criteria for establishing a de facto relationship. The court also considered the relationship between the deceased and the man in the context of the common law principles governing de facto relationships. The court found that the relationship did not meet the criteria for a de facto relationship as defined by the statutes, as the deceased and the man did not reside together and the man did not describe himself as the deceased's de facto partner. The court further held that the relationship did not meet the common law principles of a de facto relationship, as there was insufficient evidence of a genuine commitment and shared domestic life.

The court's decision was based on a thorough analysis of the statutory and common law criteria for establishing a de facto relationship. The court concluded that the deceased and the man did not have a de facto relationship, and therefore, the man was not entitled to a share of the deceased's estate. The orders of the court were that the application for advice be dismissed, and that the estate be distributed according to the intestacy provisions of the Probate and Administration Act 1898. The court's decision provides guidance on the requirements for establishing a de facto relationship for succession purposes, and the importance of clear evidence of a genuine commitment and shared domestic life.