Piras v Egan [2008] NSWCA 59

Piras v Egan [2008] NSWCA 59

The appellant was not living with the deceased on a full-time basis as her de facto spouse at the relevant time; thus, he was not entitled to the estate on intestacy nor eligible for family provision. The trial judge made positive findings on the lack of cohabitation and did not err in assessing or weighing the evidence.

Jurisdiction
Australia
Judgment Date
11 April 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['wills Probate and Administration' 'de Facto Relationship' 'family Provision' 'natural Justice' 'credibility of Witnesses']
['succession' 'evidence' 'civil Procedure'] ['wills Probate and Administration' 'de Facto Relationship' 'family Provision' 'natural Justice' 'credibility of Witnesses']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the appellant was the de facto spouse of the deceased for entitlement to estate under s 61B(2) and s 32G(1) Wills, Probate and Administration Act 1898' 'Whether appellant and deceased lived together as a couple under s 4 Property (Relationships) Act 1984' 'Whether appellant was an eligible person for family provision under s 7 Family Provision Act 1982']

Ratio Decidendi

The appellant was not living with the deceased on a full-time basis as her de facto spouse at the relevant time; thus, he was not entitled to the estate on intestacy nor eligible for family provision. The trial judge made positive findings on the lack of cohabitation and did not err in assessing or weighing the evidence.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.' "Appellant to pay the Respondents' costs of the appeal."]