NICHOLSON v SHEILS

79 VR 560·Moore J
Purchase
79 VR 560
NICHOLSON v SHEILS Supreme Court of VictoriaMoore J 29 January, 2 February 2026[2026] VSC 18Administration and probate — Intestacy — Application for distribution order — Multiple partners of deceased — Deceased survived by estranged spouse and unregistered domestic partner — Claim for entirety of estate — Whether claimant an unregistered domestic partner of deceased at time of death — Whether just and equitable to allocate whole of residuary estate to one partner to exclusion of other — Administration and Probate Act 1958 (Vic), ss 3(1), 70ZA, 70ZD, 70ZE.

Section 70ZD(1) of the Administration and Probate Act 1958 (Vic) (Act) provided that if a deceased died intestate and left more than one partner, a partner could apply to the Court for an order for the distribution out of the residue of the deceased’s estate. Section 70ZD(3) provided that on an application for such an order the Court could order that the intestate’s residuary estate be distributed between the partners in any way the Court considered just and equitable, including on terms that ‘the whole of the residuary estate be allocated to one of the partners to the exclusion of the other partner or partners’.

""

Continue Reading This Report

79 VR 560

One-off Purchase

$25
This report only
Permanent access
PDF download
Best Value

Digital Subscription

$45/mo
or $450/yrSAVE $90
All reports included
Unlimited access
Cancel anytime
Don't have an account? Create Account