Read v Nicholls

In the case of Read v Nicholls, the dispute centred around the rights of a deceased applicant’s de facto partner to claim maintenance from the estate of the deceased and to assert a claim against the property purchased by the deceased during the relationship. The case was heard in the Supreme Court of Victoria. The primary legal issues before the court were whether the rights under Part IV of the Administration and Probate Act 1958 and Part IX of the Real Property Act 1958 survived the death of the applicant, and if so, whether a constructive trust should be imposed on the property purchased by the deceased in light of the de facto partner’s non-financial contributions.

The court considered the statutory provisions and the principles of equity that underpin the concept of a constructive trust. The court noted that under the Administration and Probate Act 1958, section 91, the rights to claim maintenance survive the death of the applicant, thus allowing the de facto partner to seek maintenance from the estate. However, the court had to determine if these rights were applicable in this particular case. Regarding the real property, the court examined whether the de facto partner’s contributions warranted the imposition of a constructive trust over the property, despite it being purchased solely in the name of the deceased.

The court ultimately ruled that the rights under the Administration and Probate Act 1958 did indeed survive the death of the applicant, allowing the de facto partner to seek maintenance from the estate. Concerning the property, the court found that the de facto partner’s non-financial contributions were significant enough to impose a constructive trust in their favour. The court held that the retention of the benefit derived from the property by the deceased would be unconscionable, and thus, a constructive trust should be imposed to reflect the de facto partner's equitable interest in the property.

The final orders of the court directed that the estate was to pay the de facto partner maintenance and that a constructive trust be imposed over the property in favour of the de facto partner. This decision recognised the rights of de facto partners under both statutory and equitable principles, ensuring that contributions to the relationship, whether financial or otherwise, are acknowledged and protected.