The Western Australian Supreme Court decision in Crothers v Cahill [2025] WASC 478, handed down on 12 November, offers important insights for couples in de facto relationships—and for those advising them.
At Hill Legal, we are seeing a growing number of modern family structures. With second marriages and de facto partnerships increasing by 10% post-COVID, and approximately 25% of Australian households now including stepchildren, this case highlights critical estate planning considerations that can make the difference between family harmony and costly litigation.
The Case That Could Have Been Avoided
When Robin Geoffrey Tarrant passed away in July 2024, he left behind his de facto partner of more than eight years, Vanda Crothers. Under his Will, she was granted only a limited right to reside in their jointly owned home for ten years.
Despite contributing $170,000 towards the mortgage and sharing renovation costs, Ms Crothers was effectively treated as a temporary occupant rather than a life partner who had built a shared future.
The Court ultimately awarded Ms Crothers full ownership of the deceased’s half-share in the Roman Road property (in exchange for $150,000 to the estate). This outcome demonstrates how inadequate estate planning can lead to results that differ significantly from what the will-maker may have intended.
Key Lessons for De Facto Couples
1. The “Right to Reside” Trap
This case highlights a common issue in estate disputes—balancing the interests of a surviving partner against children from previous relationships.
Simply granting a right to reside in the family home is often insufficient, particularly in long-term relationships involving significant financial contributions.
Hill Legal Insight:
Consider stronger provisions such as outright gifts or life interests. If a right to reside is used, it should be supported by meaningful financial provision.
2. Document Financial Contributions
The Court placed significant weight on Ms Crothers’ financial contributions, including her $170,000 mortgage payment and shared renovation costs.
Courts assess both:
- Direct contributions (income, assets, property), and
- Indirect contributions (homemaking, supporting a partner’s career, caregiving).
Hill Legal Insight:
Maintaining clear records of both financial and non-financial contributions can be crucial in the event of a family provision claim.
3. Health and Age Considerations
The Court considered Ms Crothers’ age (64), health (including type 2 diabetes), and reduced earning capacity.
These factors significantly influenced the outcome, reinforcing the importance of planning for future financial needs.
Hill Legal Insight:
Wills should be reviewed regularly—especially as partners age, retire, or experience health changes.
4. The Adequacy Test for Modern Relationships
The Court applied the principle that a spouse is entitled to:
- A secure home
- Sufficient income to maintain their lifestyle
- A financial buffer for unforeseen circumstances
Importantly, this standard applies equally to de facto relationships.
Hill Legal Insight:
De facto partners should be provided for in the same way as married spouses where the relationship reflects a similar level of commitment and interdependence.
Current Trends Demanding Attention
At Hill Legal, we are seeing increasing risks in estate planning due to evolving family dynamics:
- Around 40% of estate disputes involve blended families, with legal costs typically ranging from $50,000 to $200,000
- Approximately 45% of second-marriage couples fail to update their wills, risking unintended beneficiaries
- De facto partners may need to prove their relationship status to claim inheritance rights
Proactive Estate Planning Strategies
1. Document the Relationship
Maintain evidence such as:
- Joint bank accounts
- Shared living arrangements
- Evidence of mutual commitment
2. Regularly Review Your Will
A properly drafted and regularly updated Will is one of the most effective ways to reduce the risk of disputes.
3. Consider Binding Financial Agreements
Agreements under the Family Law Act 1975 (Cth) can clarify how assets are to be divided and complement your estate planning strategy.
4. Align Superannuation and Insurance
Around 30% of blended family estates misdirect death benefits due to outdated nominations—this is a critical area often overlooked.
The Settlement Alternative
The Crothers v Cahill case also demonstrates the value of early legal advice.
Many family provision claims can be resolved through negotiation between legal representatives—avoiding costly court proceedings, reducing stress, and preserving relationships.
At Hill Legal, we prioritise practical, outcome-focused solutions wherever possible.
Moving Forward
As Australian relationships continue to evolve, estate planning must evolve with them.
This case reinforces that Courts will look beyond formal labels and focus on the reality of the relationship—particularly the contributions made and expectations created.
For modern families, a “one-size-fits-all” approach to estate planning is no longer sufficient.
The Bottom Line
De facto relationships are now a fundamental part of Australia’s social landscape. Treating them as materially different from marriage in estate planning is both legally risky and increasingly outdated.
The decision in Crothers v Cahill is a clear reminder:
Courts will prioritise fairness and substance over form.
Hill Legal’s Hot Take
At Hill Legal, we believe this case highlights one simple truth—good estate planning is not just about documents, it’s about protecting people.
If your Will does not properly reflect your current relationship, financial contributions, or future needs, you may be leaving your loved ones exposed to uncertainty, conflict, and costly litigation.
Now is the time to review your estate plan.
Whether you are in a de facto relationship, part of a blended family, or simply want peace of mind knowing your wishes will be carried out as intended—our team is here to help.
Contact Hill Legal today on 03 5976 6500 to discuss your estate planning needs and ensure your loved ones are protected—both now and into the future.
