Nicholson v Sheils

[2026] VSC 18

Supreme Court of Victoria

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Interrogate

Catchwords

1. Administration of Estates
2. › Intestacy
3. › Distribution where intestate survived by multiple partners
4. › Application for distribution order
5. › Whether plaintiff was unregistered domestic partner of deceased
6. › Whether just and equitable to allocate whole estate to one partner
7. › Administration and Probate Act 1958 (Vic), ss 3, 70B, 70ZA, 70ZD, 70ZE
1. Administration of Estates
2. › Intestacy
3. › Unregistered domestic partner
4. › Definition
5. › Living together on genuine domestic basis
6. › Continuously for at least two years
7. › Relationships Act 2008 (Vic), s 35(2)
8. › Administration and Probate Act 1958 (Vic), s 3(1)

Quick Take

The approach set out by Hallen J in Bailey v Palombo [2020] NSWSC 1209 regarding the exercise of the 'just and equitable' discretion under s 126 of the Succession Act 2006 (NSW) has been adopted for the relevantly equivalent s 70ZD of the Administration and Probate Act 1958 (Vic), providing a non-exhaustive list of factors to guide the broad discretion in distributing an intestate's estate between multiple partners.

Case Details

Citation[2026] VSC 18

CourtVSC

JurisdictionVictoria

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Relies on4

2020Bailey v PalomboNSWSC 1209
2008Paino v PainoNSWCA 276
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