Successfully Resolving a Complex Estate and Cohabitant

Following the death of the deceased, the estate entered the administration process. A claim was subsequently brought by an individual who had been in a long-term relationship with the deceased and who asserted rights in relation to the principal property of the estate.

The claimant alleged an entitlement to relief as a surviving cohabitant and further claimed an equitable interest in the property arising from contributions made during the relationship.

The proceedings created significant uncertainty for the estate and its beneficiaries, particularly as the property represented the principal asset of the estate and was central to the administration process.

The Legal Issues

The dispute involved a number of complex legal issues, including:

• Claims under legislation governing the rights of surviving cohabitants.
• Alleged equitable and beneficial interests in property.
• The administration of an estate where competing claims existed over a significant asset.
• The rights of beneficiaries under the deceased’s Will.
• The practical implications of resolving claims while preserving the value of the estate.

The matter required careful consideration of both succession law and property law, together with the evidential challenges associated with long-term personal relationships.

The Challenge

Our Probate Litigation team recently acted on behalf of the personal representative of an estate in a complex dispute involving competing claims to a residential property and allegations of entitlement arising from a long-term cohabiting relationship.

The proceedings raised difficult issues concerning estate administration, cohabitant rights, property ownership and succession law. If left unresolved, the dispute had the potential to result in lengthy litigation, significant legal costs and delays in the administration of the estate.

Our objective was to protect the interests of the estate while seeking a practical and commercially sensible resolution for all parties involved.

Following extensive negotiations, the parties successfully reached a comprehensive settlement.

The agreement provided a clear framework for resolving the claimant’s asserted rights while allowing the administration of the estate to proceed. The settlement addressed issues concerning occupation and ownership of the property, the interests of beneficiaries and the orderly distribution of estate assets.

Importantly, the resolution avoided the need for a lengthy and costly trial, provided certainty to all parties and enabled the estate administration process to move forward in a structured and efficient manner.

Why This Matters

Disputes involving estates and surviving cohabitants are becoming increasingly common. These cases often involve emotionally sensitive circumstances together with complex legal issues relating to succession, property ownership and family expectations.

For personal representatives and beneficiaries, such claims can create significant uncertainty and may delay the administration of an estate for months or even years.

Early legal advice and strategic engagement can often lead to practical resolutions that protect the interests of the estate while avoiding the costs and risks associated with contested litigation.

Our Probate Litigation and Property Disputes teams regularly advise:

• Executors and administrators of estates.
• Beneficiaries involved in contested estate matters.
• Parties involved in cohabitant and dependency claims.
• Individuals asserting or defending property ownership claims.
• Clients involved in mediation, negotiation and court proceedings.

We work to achieve practical solutions that protect our clients’ interests while minimising the disruption, cost and uncertainty that often accompanies estate disputes.

We undertook a detailed review of the estate, the available evidence and the legal merits of the competing claims.

Our team worked closely with the personal representative to assess the risks associated with continued litigation and to identify potential avenues for resolution. Particular attention was given to balancing the interests of the estate, the beneficiaries and the claimant.

Rather than allowing the dispute to proceed to a fully contested hearing, we engaged in constructive negotiations aimed at achieving certainty, reducing costs and preserving estate assets.

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