A recent Supreme Court of New South Wales decision has highlighted just how complex estate administration can become when modern relationships and international lifestyles collide.
At Hill Legal, we see this case as a timely reminder that estate planning today is no longer just about having a Will in place. It is about understanding how your relationships, residency, and assets — often spread across borders — interact with the law in ways many people never anticipate.
A Global Life, A Legal Minefield
When Swiss-Italian actor Daniele Claudio Legler died suddenly in Portugal in 2022, he left behind no Will, a complicated personal life, and significant assets located across multiple countries.
Although his New South Wales estate was relatively modest and technically insolvent, his international assets were substantial. What followed was a deeply contested legal dispute involving his long-term partner and his children from earlier relationships.
This case was not driven by emotion alone — it turned on legal definitions, jurisdiction, and evidence.
The Two Questions That Shaped the Outcome
The Court focused on two pivotal issues:
- Where was the deceased legally domiciled at the time of death?
- Did a de facto relationship exist when he passed away?
The answers determined which legal system applied, who had standing in the estate, and who would ultimately control its administration.
Domicile: It’s About What You Do, Not What You Say
Despite earlier statements that Australia was “home”, the Court found that the deceased was domiciled in Portugal.
This conclusion was based on conduct rather than intention, including:
- The purchase of a permanent home overseas
- Clear statements to family that Australia was no longer his base
- Formal changes to tax residency and long-term relocation planning
The takeaway is simple but powerful: courts look at how you live, not how you describe your life.
De Facto Relationships Are Assessed Objectively
The Court also found that a de facto relationship existed at the time of death — even though the relationship had experienced difficulties and the surviving partner’s evidence was treated cautiously.
What mattered most was objective evidence, including:
- Shared residences and travel
- Financial interdependence
- Public presentation as a couple
- Registration and recognition of the relationship overseas
For estate purposes, these factors carried more weight than personal disputes or family disagreement.
When Legal Entitlement Isn’t Enough
Although the surviving partner was found to be legally entitled to apply for administration, the Court ultimately appointed an independent administrator.
Concerns about trust, conduct, and post-death actions led the Court to exercise its discretion and remove control from all parties.
This is a crucial reminder that being legally entitled does not guarantee you will be placed in control.
What This Case Really Teaches
From Hill Legal’s perspective, this decision reinforces several key realities:
- International living creates legal complexity — planned or not
- Informal arrangements often unravel under legal scrutiny
- Relationship status must be supported by evidence
- Poor planning shifts decision-making power to the courts
- Family disputes become longer, costlier, and more stressful without clarity
Traditional, “basic” estate planning no longer meets the needs of modern families.
Hill Legal’s Hot Take
This case highlights why estate planning must evolve alongside the way people live today.
If your life involves overseas assets, blended families, long-term relationships without marriage, or frequent international movement, relying on assumptions can leave your estate exposed to costly disputes and court intervention.
At Hill Legal, we help clients put clear, practical estate plans in place that reflect their real-world circumstances — not just legal defaults.
If you are unsure how your relationships, residency, or assets could be treated under the law, now is the time to act.
An early conversation can prevent uncertainty, conflict, and unnecessary expense for your family later.
👉 Contact Hill Legal on 03 5976 6500 TODAY to arrange an estate planning review and ensure your wishes are clearly documented, legally enforceable, and aligned with your circumstances — both in Australia and overseas. Alternatively, visit our website www.hilllegal.com.au and send us a message!
