Imagine this: a long-term partner passes away without a will—and suddenly, multiple people step forward claiming entitlement to their estate.

At Hill Legal, we see firsthand how often this situation arises—and how devastating it can be for those involved.

Research conducted by NSW Trustee and Guardian in 2023 found that 60% of NSW residents do not have a valid Will in place. The recent Victorian Supreme Court decision in Re the Estate of Dunham highlights exactly what can go wrong when modern relationships collide with intestacy laws.

The Case That Changed Everything

Russell Leslie Dunham died in January 2022 without a will. He had no children and was not married, having previously divorced. His estate was valued at approximately $450,000.

Two women claimed entitlement:

• Narelle Lindsey, who alleged she was his unregistered domestic partner at the time of his death
• Amanda Dean, his former partner of around 30 years, who had lived with him until 2021 and believed she retained rights as his de facto spouse

Ms Dean lodged a caveat, challenging Ms Lindsey’s application for letters of administration. However, the Court dismissed her claim entirely, finding she had no legal standing and failed to establish even a prima facie case.

The Court’s Decision: A Double Blow

Justice Goulden’s decision turned on two key findings:

1. Lack of Legal Standing

Ms Dean admitted she had lived with Mr Dunham only “until 2021,” which meant she failed to meet the strict legal requirement of continuous cohabitation for at least two years immediately before death.

Importantly, the law does not always align with personal perceptions:

A de facto relationship may legally end at a different time than one or both parties believe.

Under intestacy laws, once a de facto relationship ends, so too can any entitlement to the estate.

2. No Genuine Case to Investigate

The Court also found Ms Dean’s claim lacked substance, noting contradictions in her position—she described herself as both a “current” and “former” partner.

The Court reinforced a critical principle:

Probate litigation is reserved for those with a legal interest—not individuals driven by moral grievance or personal belief.

Without a recognised entitlement, Ms Dean was considered an outsider to the estate.

Key Lessons from Hill Legal

1. The Absolute Necessity of a Current Will

Dying without a Will means the law—not you—decides who inherits your estate.

This case clearly demonstrates how multiple relationship claims can:

• Delay administration
• Increase legal costs
• Create emotional conflict

Hill Legal Insight:
A properly drafted and regularly updated Will is your strongest safeguard against unintended outcomes.

2. The Strict Test for De Facto Relationships

Victorian law requires:

• At least two years of continuous cohabitation, and
• This must occur immediately before death

A long relationship—even one spanning decades—will not qualify if it ended before this critical period.

Hill Legal Insight:
Timing is everything. Relationship status at the time of death is what matters most—not history.

3. Legal Standing Requires More Than Emotion

Good intentions, emotional bonds, or long histories do not create legal rights.

To bring a claim, a person must demonstrate a direct beneficial interest, such as:

• Entitlement under intestacy laws, or
• Provision under a valid Will

Hill Legal Insight:
Understanding the difference between moral and legal entitlement is essential when assessing estate claims.

4. Evidence Must Be Clear and Consistent

The Court will not accept vague or contradictory claims.

Applicants must provide:

• Clear factual evidence
• Consistent statements
• Supporting documentation

Hill Legal Insight:
Poorly prepared or inconsistent claims are likely to be dismissed early—often with cost consequences.

5. Documentation Is Critical

In estate disputes, evidence of the relationship is everything.

Key records may include:

• Living arrangements
• Financial contributions
• Dates of separation
• Closure of joint accounts

This is particularly important in de facto relationships, where the end date is often unclear.

Hill Legal Insight:
Even informal written records can become crucial evidence in determining legal entitlement.

The Broader Implications

This case highlights the increasing complexity of modern relationships—and the risks that arise when estate planning is overlooked.

Key takeaways include:

• De facto partners may need to prove their relationship status
• Former partners may have no entitlement, regardless of history
• Courts apply strict legal tests, not emotional considerations

It also reinforces the high threshold required to challenge estate administration—poorly grounded claims may be dismissed swiftly.

Hill Legal’s Professional Perspective

At Hill Legal, we encourage proactive and practical estate planning discussions with every client.

This includes:

• Clarifying relationship status
• Identifying separation dates
• Reviewing current living arrangements
• Ensuring Wills reflect present intentions

We also recommend implementing structured client questionnaires to capture these details—helping prevent the kind of disputes seen in this case.

The Bottom Line

Re the Estate of Dunham is a powerful reminder that estate planning is not just about distributing assets—it’s about preventing conflict, uncertainty, and unnecessary litigation.

In today’s complex relationship landscape, a valid and up-to-date Will is essential protection—not a luxury.

Hill Legal’s Hot Take

At Hill Legal, we see cases like this far too often—where uncertainty, outdated arrangements, or no Will at all leave loved ones exposed to stress, conflict, and financial loss.

✨ The reality is simple:
If your estate plan doesn’t reflect your current relationship, the law will step in—and the outcome may not be what you intended.

Whether you are:

• In a de facto relationship
• Recently separated
• Part of a blended family
• Or simply haven’t reviewed your Will in years

👉 Now is the time to act.

Contact Hill Legal today on 03 5976 6500 to review your estate planning arrangements and ensure your wishes are clearly documented and legally protected.

Your future—and your loved ones—deserve certainty.