Who is considered eligible to make a family provision claim as a de facto?

Was the claimant the “de facto” of the deceased and accordingly an “eligible person” for the purpose of making a claim for a family provision order under the Succession Act?

The Property (Relationships) Act 1984 NSW defines a de facto relationship as two persons who live together as a couple though not married to one another.

In determining whether two persons are in a de facto relationship the Court must take into account all the circumstances of the relationship including the length and permanence of the relationship, the degree of emotional and financial support and the residential arrangements.

The Court has determined that is not necessary for the two persons to be physically cohabitating as long there is a genuine domestic arrangement which is not accidental or contrived.

Accordingly in Weston V Public Trustee (1986) NSW the Court found that a woman who had been living with the deceased for several days every week for over thirty (30) years and had at the same time kept a separate residence was an eligible person.