Estate Pamplin; Irwin v Pamplin [2017] NSWSC 1477

Estate Pamplin; Irwin v Pamplin [2017] NSWSC 1477

On the evidence, the plaintiff and the deceased were in a de facto relationship for at least the two-year period preceding his death, satisfying the statutory requirements under the Succession Act 2006 (NSW) and Interpretation Act 1987 (NSW) for entitlement to the whole intestate estate as surviving spouse.

Jurisdiction
Australia
Judgment Date
03 November 2017
Procedural Posture
Intestacy/probate Dispute / Final Judgment
Outcome
Plaintiff declared entitled to the whole intestate estate as de facto spouse; defendant's competing application dismissed; letters of administration granted to plaintiff; consequential orders including costs and withdrawal of caveat.
Legal Topics
['intestacy' 'de Facto Relationships' 'grant of Administration']
['succession Law'] ['intestacy' 'de Facto Relationships' 'grant of Administration']

Case Brief

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Procedural Posture

Intestacy/probate Dispute / Final Judgment

Legal Issues

  1. 1 ['Whether the plaintiff Ann Margaret Irwin was the de facto spouse of the deceased Adrian Dennis Pamplin for the purposes of entitlement to his intestate estate under the Succession Act 2006 (NSW)' 'Whether, based on the facts and legislative criteria, the plaintiff and the deceased had a relationship as a couple living together for the relevant two-year period prior to death']

Ratio Decidendi

On the evidence, the plaintiff and the deceased were in a de facto relationship for at least the two-year period preceding his death, satisfying the statutory requirements under the Succession Act 2006 (NSW) and Interpretation Act 1987 (NSW) for entitlement to the whole intestate estate as surviving spouse.

Court Disposition

Plaintiff declared entitled to the whole intestate estate as de facto spouse; defendant's competing application dismissed; letters of administration granted to plaintiff; consequential orders including costs and withdrawal of caveat.

Orders

  • ['Declare that the plaintiff is entitled to the whole of the intestate estate of the deceased.' 'Order that letters of administration of the estate be granted to the plaintiff.' 'Proceedings be referred to the Registrar for completion of the grant.' "Defendant's application for a grant of administration be...