The Estate of Janet Beris Jackwitz [2018] NSWSC 515

The Estate of Janet Beris Jackwitz [2018] NSWSC 515

The court found that, notwithstanding maintenance of separate residences, the applicant and the deceased had a de facto relationship for over two decades based on the totality of evidence with respect to factors within s 21C of the Interpretation Act 1987 (NSW), and thus the applicant was a spouse entitled to letters of administration and the whole intestate estate.

Parties
Applicant: Donald McKinnon; Deceased: Janet Beris Jackwitz
Jurisdiction
Australia
Judgment Date
23 April 2018
Procedural Posture
Application for Letters of Administration / Motion for Review of Registrar's Decision
Outcome
Registrar's decision set aside; letters of administration granted to applicant.
Legal Topics
Intestacy, Letters of Administration, Definition of Spouse, De Facto Relationship
Succession Law Equity Intestacy Letters of Administration Definition of Spouse De Facto Relationship

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Parties

Donald McKinnon

Applicant

Janet Beris Jackwitz

Deceased

Procedural Posture

Application for Letters of Administration / Motion for Review of Registrar's Decision

Legal Issues

  1. 1 Whether the applicant was in a 'domestic partnership' (specifically, a de facto relationship) with the deceased for the purposes of Succession Act 2006 (NSW) s 104(b), entitling him to the intestate estate under s 111.

Ratio Decidendi

The court found that, notwithstanding maintenance of separate residences, the applicant and the deceased had a de facto relationship for over two decades based on the totality of evidence with respect to factors within s 21C of the Interpretation Act 1987 (NSW), and thus the applicant was a spouse entitled to letters of administration and the whole intestate estate.

Court Disposition

Registrar's decision set aside; letters of administration granted to applicant.

Orders

  • Set aside the Registrar's decision of 15 March 2018.
  • Declare that Donald McKinnon, as surviving de facto spouse, is entitled to the whole of the intestate estate.