Popescu v Borun

The applicants, Popescu and Borun, sought to have the parties' property interests adjusted under section 20 of the Property (Relationships) Act 1984. This request arose from a dispute over whether they had been in a de facto relationship, which would entitle them to an equal share of the deceased's estate. The deceased, who had died before the determination, left a substantial estate with no provision for either applicant in his will. The court was required to decide whether the applicants had indeed been in a de facto relationship, and if so, whether the application for property adjustment could proceed posthumously.

The court considered whether the applicants had been living together as a couple and, if so, the nature and duration of their relationship. It examined the criteria for determining a de facto relationship, including the degree of commitment, the extent of financial and domestic interdependence, and the degree of mutual support. The court also needed to decide whether the action for property adjustment could survive the death of the defendant, and if so, how it should proceed. The court was further required to evaluate the applicants' claims for family provision orders under the Succession Act 2006, considering whether the provision made for them was inadequate given their dependency on the deceased.

The court found that the applicants had indeed been in a de facto relationship with the deceased, satisfying the criteria set out in the Property (Relationships) Act. It determined that the action for property adjustment could proceed posthumously, and that the estate should be adjusted accordingly. The court also found that both applicants were members of the deceased's household and dependent on him, entitling them to seek family provision orders. However, the court concluded that the deceased had made adequate provision for the applicants' maintenance, and thus, did not make any orders under the Succession Act.