Can an on-and-off partner claim an inheritance in NSW? Potentially, yes. Past dependency and shared accommodation may allow someone to make a family provision claim, even if they were living apart when the deceased died.
In Glennon v Robinson [2026] NSWCA 235, the NSW Court of Appeal upheld an award of the net estate to a woman following a nine-year intermittent relationship.
What happened in this estate dispute?
Geoffrey Baxter died without a Will on 1 August 2023. His sister, Vicki Glennon, became the administrator and was entitled to inherit under the rules of intestacy.
Kylie Robinson and Mr Baxter began their relationship in 2014. They became engaged and repeatedly separated and reconciled. During periods together, she cooked, cleaned and bought groceries, while he provided rent-free accommodation.
Their relationship involved domestic violence and reciprocal apprehended domestic violence orders. Despite those orders, the Court accepted evidence that they continued seeing each other.
Ms Robinson stayed with Mr Baxter between March and approximately May 2023, leaving after another abusive incident. The trial judge accepted her evidence that he had told her she could return and that it would remain her home after his death.
She learned of his death through Facebook about six weeks later and returned to the property in September 2023.
The Supreme Court awarded her the estate after specified deductions. His sister appealed, disputing her dependency, the justification for her application and the size of the award.
Why was she eligible to claim?
Under section 57(1)(e) of the Succession Act 2006 (NSW), Ms Robinson qualified because she had been partly dependent on Mr Baxter and a member of his household at one time or another.
The deceased’s sister argued that Ms Robinson had other accommodation options. The Court rejected the suggestion that this defeated Ms Robinson’s dependency: Mr Baxter did not need to be her only source of support.
However, eligibility was only the first step. Ms Robinson also needed to establish that there were factors warranting her application (a special moral obligation owed by the deceased to provide for her) and that adequate provision had not been made for her proper maintenance, education or advancement in life.
Why did the Court uphold the award?
The Court considered the whole relationship, including its duration, mutual support and repeated reconciliations. The trial judge found Mr Baxter owed Ms Robinson a moral duty to provide for her.
Her financial position was precarious, while his sister had greater security through home ownership and superannuation.
The estate’s net value was approximately $315,000 before further legal costs. The sister’s recoverable costs were capped at $100,000, and the trial judge anticipated Ms Robinson would receive less than $200,000. The home would need to be sold to meet estate expenses and costs.
On 4 November 2026, the appeal was dismissed. Each party was ordered to bear her own appeal costs.
What does this mean for estate disputes?
Separation does not automatically prevent a claim. Past household membership and dependency may provide an alternative eligibility pathway. Being a former partner alone does not establish eligibility.
Evidence of everyday support matters. Accommodation arrangements, messages, domestic contributions and independent witnesses can help establish the relationship. Here, neighbours and an acquaintance supported Ms Robinson’s account.
Financial need must be considered alongside competing claims. The Court assessed both women’s circumstances. Financial need alone does not guarantee success, and an intestacy entitlement does not prevent a successful claim.
Partial dependency does not necessarily mean a small award. The Court upheld provision of the whole net estate in these circumstances. Awards are assessed against the statutory requirements, rather than calculated as reimbursement for past support.
Costs can substantially reduce an inheritance. Early advice and consideration of settlement are particularly important for modest estates. Administrators should obtain advice about whether litigation expenses are properly payable from the estate, especially when also advancing their own inheritance interests.
Time limits and legal help
NSW family provision claims generally must be filed within 12 months of death. Late claims require the Court’s permission.
The Law Office of Conrad Curry assists with family provision claims and estate disputes throughout NSW. Contact our Newcastle or Central Coast team to discuss your options.
DISCLAIMER
This article reflects the current law at the time of publication. Please note that cases may have been the subject to appeal or subsequent judicial consideration since the date of posting. The decisions referred to are summarised for general understanding only. It is intended for informational purposes only and does not constitute legal advice. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.