Sheen v Hesan

In the case of Sheen v Hesan, the court was asked to determine the rightful administration of the estate of a deceased individual. The primary dispute was whether the plaintiff, Sheen, who claimed to be in a de facto relationship with the deceased, Hesan, was entitled to administer the estate. The matter was heard in the Supreme Court of New South Wales. The plaintiff contended that she was the spouse of the deceased and, therefore, entitled to the estate. Alternatively, she sought a family provision order under the Succession Act 2006 (NSW), arguing that she was a de facto partner of the deceased and had not been adequately provided for in his will.

The court was required to decide if the plaintiff was indeed a spouse or de facto partner of the deceased at the time of his death, and if so, whether the de facto relationship had broken down before his death. The court also had to consider the factors under section 57(1)(e) or s 57(1)(f) of the Succession Act that warranted the making of a family provision order, including whether the plaintiff had been adequately provided for and the nature and quantum of the provision to be made.

The court found that the plaintiff was not the spouse of the deceased and that the de facto relationship had indeed broken down prior to the deceased's death. Therefore, the plaintiff was not entitled to the estate. However, the court did find that the plaintiff had not been adequately provided for and made an order for family provision under section 57(1)(f) of the Succession Act. The court ordered that a specified sum be paid to the plaintiff, considering the factors outlined in the Act.