Dion v Rieser [2010] NSWSC 50

New South Wales Supreme Court

CITATION : Dion v Rieser [2010] NSWSC 50

HEARING DATE(S) : 26-30 October 2009

JUDGMENT DATE : 12 February 2010

JUDGMENT OF : Bryson AJ at 1

DECISION : (1) Declare that the plaintiff Margaret Anne Dion was the de facto spouse of the late Richard Davis Rieser the intestate at the time of his death and is entitled to the real and personal estate of the intestate in accordance with Section 61B(1) and (2) of the Probate and Administration Act 1898. (2) Reserve costs.

CATCHWORDS : WILLS PROBATE AND ADMINISTRATION – Intestacy – De facto spouse – Decision that plaintiff was de facto spouse of intestate – Review of evidence of events in relationship from February 1981 until death of intestate in February 2007 – Plaintiff and deceased had many journeys separately and apart and did not stay in one place for more than a few months at a time – Houses in New South Wales, Bali and New Mexico – Often physically separated but always returned to be together – Consideration of conduct during illness and hospitalisations – At time of death had not been together in same place for eight months – HELD – De facto relationship as defined, plaintiff entitled on intestacy.

Commonwealth Constitution s 51 (xxi) De Facto Relationships Act 1984 Probate and Administration Act 1898 ss 32G, 40 and 61B(2) LEGISLATION CITED : Property (Relationships) Legislation Amendment Act 1999 s4 and Sch 2 Property (Relationships) Act 1984 s 4 Succession Act 2006 Wills, Probate and Administration Act 1898

CATEGORY : Principal judgment

Bar Mordecai v Hillston [2004] NSWCA 65 Bremer v Freeman (1857) 10 Moore Privy Council 306;14 ER 508 Hayes v Marquis [2008] NSWCA 10 Hillston v Bar-Mordecai [2003] NSWSC 89 CASES CITED : Howland v Ellis [2001] NSWCA 456 Jones v Grech [2001] NSWCA 208; 27 Fam LR 711 Robson v Quijarro [2009] NSWCA 365 Simonis v Perpetual Trustee Co Ltd (1987) 21 NSWLR 677 Sullman v Sullman [2002] NSWSC 169