› On occasions prior to hearing, Plaintiff had pro bono assistance from counsel
› Plaintiff terminated pro bono assistance shortly prior to hearing
› Refuses offer of pro bono assistance at the hearing
› Responsibility of the court to ensure fair hearing.
Probate
› Intestacy
› Deceased died intestate in June 2013
› Plaintiff asserts he was a party to a domestic partnership with the intestate immediately before the intestate’s death in that he was in a de facto relationship which was in existence for continuous period of 2 years before her death and entitled under Succession Act 2006 (NSW), s 113, to the statutory legacy for spouse
› Defendant denies the relationship.
Succession
› Claim for family provision order
› Alternative claim for family provision
› Reliance on different categories of eligibility
› Defendant denies Plaintiff an eligible person within any category of eligibility but in the event that the court finds eligibility then factors warranting the making of the Plaintiff’s application not disputed. In that event, Defendants says provision out of the estate should be by way of modest lump sum.
Case Details
Citation[2015] NSWSC 716
CourtNSWSC
JurisdictionNew South Wales
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