Mary Receives $70,000 from the Estate of Her Late De Facto Partner
Family Provision Claim
De facto partner wins $70k after being excluded from will.
Despite being in a committed de facto relationship for nearly a decade, Mary was left with nothing when Liam passed away. We helped her claim $70,000 from his estate.
If you’ve been excluded from a partner’s will, talk to us today.
This image is for illustrative purposes only and does not represent our actual client.
Mary's Story
Pseudonyms are used to protect the client's identity.
Mary married Alexander in 1976, and the couple had two children together. In 1998, the family moved from Fiji to Australia. Tragically, Alexander passed away unexpectedly in 2006 at just 42 years old.
A decade later, Mary met Liam through a matchmaking agency. After a few casual meetups over coffee and lunch, they began a committed relationship.
Over time, Mary was introduced to Liam’s family and close friends, and he met her children and grandchildren.
In May 2016, just three months after meeting, Liam asked Mary to move in with him. They lived together as de facto partners for eight years until Liam’s passing.
Mary was both financially and emotionally dependent on Liam.
He regularly drove her to medical appointments for her ongoing health conditions and supported her financially covering travel, food, and everyday living expenses. Mary recalled, “We lived as husband and wife.”
Throughout their relationship, Mary built strong bonds with Liam’s family. She treated them as her own and regularly helped care for them:
She visited Liam’s brother and sister-in-law weekly in their nursing home.
When Liam’s brother had heart surgery, she helped him recover by cooking, assisting with mobility, and walking with him along the beach.
She spent special occasions with Liam’s stepsons and their families.
However, Mary never met Liam’s biological sons. Liam once told her, “I haven’t seen my sons in over 20 years. I don’t even know where they are.”
In 2020, Mary underwent heart surgery. Liam was a steady source of support throughout her recovery.
The following year, Liam expressed his desire to marry her, saying, “I don’t like living like this. We’ve been together for so many years. I want to get married.”
Despite this, no formal wedding plans were made due to Mary’s health and family commitments.
At the start of 2022, Liam and Mary discussed his will. Liam said, “I want to change my will. I want to do something for you. I want to take my two sons out because I haven’t seen them for 24 years, and I don’t owe them anything.”
Sadly, Liam never had the opportunity to update his will.
In December 2022, Mary became alarmed when Liam failed to return her calls, something he had never done before.
The next morning, she received devastating news from the police: Liam had passed away unexpectedly. His death was a shock, as he had no known medical conditions.
Our Approach
In 2023, Mary approached Dormer Stanhope for legal advice regarding a family provision claim.
She was eligible to claim from Liam’s estate because:
A) She was his de facto spouse at the time of death.
B) She was partially financially dependent on him.
C) She was a member of his household.
Mary’s matter was resolved through mediation, where she was awarded $70,000 from Liam’s estate.