Piras v Egan [2006] NSWSC 328

New South Wales Supreme Court

CITATION : Piras v Egan [2006] NSWSC 328

HEARING DATE(S) : 7, 8, 9, 10 November 2005

JUDGMENT DATE : 4 May 2006

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice Macready at 1

DECISION : Paragraph 119

CATCHWORDS : Succession, Family Provision. Claim by a de facto partner of deceased and thus entitled to the whole of the deceased's estate on intestacy. Alternative claim under Family Provision Act 1982. Held plaintiff not a de facto partner and alternative claims fail.

PARTIES : Augusto Piras v Michael Andrew Egan and Renate Judith Egan (Estate of Roberta Anne Egan]

FILE NUMBER(S) : SC 5185 of 2003

COUNSEL : Mr DA Smallbone & A Singh for plaintiff Mrs M Bridger for defendant

SOLICITORS : Anderson Lawyers for plaintiff Robilliard Plowman Herat for defendant

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Associate Justice Macready

Thursday 4 May 2006

5185/2003 Augusto Piras v Michael Andrew Egan and Renate Judith Egan (Estate of Roberta Anne Egan)

JUDGMENT

1 His Honour: This is a claim in respect of the estate of the late Roberta Anne Egan, who died on 21 April 2003 aged 45 (the deceased). She was survived by the plaintiff, who claims to have been her de facto partner at the date of death, and three half siblings. The deceased did not leave a will and Letters of Administration were granted on 25 August 2003 to the two defendants who are a half sister and half brother of the deceased.

2 The plaintiff brings proceedings seeking a declaration that he was the de facto spouse of the deceased at the date of death and an order revoking the existing Grant of Administration with a new grant to him. In event that he is successful in this claim he will receive the whole of the estate. At present the estate is shared between the three half siblings of the deceased. In the alternative, he makes a claim under the Family Provision Act 1982 based upon what he says was the close personal relationship he had with the deceased or, alternatively, as a person who was part of the deceased's household and partly dependant upon her.