Quijarro v Robson [2008] NSWSC 818

Quijarro v Robson [2008] NSWSC 818

The defendant failed to establish that she was the de facto spouse of the deceased at the date of death; any de facto relationship that may have existed ended before death, as the mutual commitment required for a de facto relationship was not present, and the deceased had formed a new committed relationship with another woman.

Jurisdiction
Australia
Judgment Date
13 August 2008
Procedural Posture
Probate Action / Judgment
Outcome
Cross-claim dismissed. Plaintiffs entitled to a grant of letters of administration, referral to registrar for determination of grant.
Legal Topics
['intestacy' 'entitlement to Administration' 'definition of De Facto Relationship']
['wills and Probate' 'de Facto Relationships'] ['intestacy' 'entitlement to Administration' 'definition of De Facto Relationship']

Case Brief

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Procedural Posture

Probate Action / Judgment

Legal Issues

  1. 1 ['Whether the defendant was in a de facto relationship with the deceased at the date of death and entitled to a grant of letters of administration']

Ratio Decidendi

The defendant failed to establish that she was the de facto spouse of the deceased at the date of death; any de facto relationship that may have existed ended before death, as the mutual commitment required for a de facto relationship was not present, and the deceased had formed a new committed relationship with another woman.

Court Disposition

Cross-claim dismissed. Plaintiffs entitled to a grant of letters of administration, referral to registrar for determination of grant.

Orders

  • ['Cross-claim dismissed.' 'Plaintiffs entitled to a grant of letters of administration subject to compliance with the rules.' 'Registrar to determine procedural matters concerning the grant.']