Am I in a de facto relationship?
Many of you will remember the news a few months ago about a man (Moon) being awarded a sum of money after his partner (Doyle) left him nothing but her ashes in her will. The news provoked discussions on whether Doyle’s will should have been respected, or whether it was fair Moon was awarded a portion of Doyle’s estate because Moon looked after Doyle for some 27 years (she was wheelchair-bound from early in the relationship due to a medical condition but eventually died of terminal cancer).
The first issue for consideration by the High Court was whether or not Moon and Doyle’s relationship was a “de facto relationship”. This is because you are only eligible to make an application against your deceased partner’s estate if you were a “de facto partner living in a de facto relationship” with your deceased partner at the date of their death.
There was no dispute: Moon and Doyle had a relationship that lasted 27 years. However, the relationship was not conventional.
Moon and Doyle did not live together for the duration of their relationship. But, they contacted each other daily. And, Moon would often cook dinner for Doyle, after picking up groceries and getting her medication. He would do the dishes after dinner. They would then spend time together watching TV, and Moon would go home after helping Doyle get changed for bed. Moon said they also maintained a sexual relationship until Doyle was diagnosed with cancer in 2015.
Doyle’s brother (for the estate) challenged Moon by claiming Doyle and Moon were not in a de facto relationship. Doyle had always described herself as single and described Moon as a friend in legal documents. There was a limited public relationship. There were no shared assets, and they kept their finances separate. There is no child of the relationship.
The Court held that, when viewed objectively and in its totality, the relationship was indeed a de facto relationship and not merely a “friendship” or “companion”. The Court confirmed that cohabitation is simply one factor to be considered and is not a prerequisite for a de facto relationship.
The relevance of this case is not limited to wills. The case illustrates the law hardly provides a black and white definition of a “de facto relationship”. The implication of this is that some people could already be in a de facto relationship (a legal relationship with property sharing implications) without realising, or, indeed, intending it.
In this day and age, relationships take forms in many different ways to suit individual needs. Some people enter into relationships seeking only companionship and some mutual support. So, it is hardly surprising that people are furious when told that their hard-earned money and assets could be subject to division at the end of their relationship.
Where the Court has the power to “define” the nature of the relationship you are in, we advise you to seek legal advice. Such advice could give you peace of mind that you may not be embroiled in a legal battle should your relationship come to an end.
Should you wish to discuss any of the above and how it may affect you, please do not hesitate to contact Christina Lee on DDI: (09) 969 1212 or email c............@glaister.co.nz