• SUCCESSION: Are we de facto?

  • Sep 25 2024
  • Length: 21 mins
  • Podcast

SUCCESSION: Are we de facto?

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  • Summary

  • What is a de facto relationship? And can you be in a de facto relationship without even knowing?

    CASE: PY v CY [2005] QCA 247

    In 1997, PY and her son were living with CY in his house as a family unit. PY moved to the Sunshine Coast to look after her elderly parents, but CY planned to join her there as soon as he had sold his business.

    The relationship eventually broke down and PY applied for a property settlement.

    CY argued that there could be no family law property settlement because there had never been a de facto relationship.


    CASE: Vaughan v Hoskovich [2010] NSWSC 706

    Steven Hoskovich died on 17 November 2007. He was not married, had no children and did not leave a Will. His estate was worth $413,000.

    Janet Vaughan claimed that she was Steven’s de facto spouse and was therefore entitled to the estate on intestacy.

    Pauline Hoskovich was Steven’s mother. She claimed that there was no de facto relationship and if there was not, she would be entitled to the whole estate on intestacy.

    Throughout their 14-year relationship, Steven and Janet maintained separate houses. Steven had even stated that he was not living with Janet because he did not want her to have the legal rights that a de facto partner would have.

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