It’s not uncommon for families to drift apart, especially after difficult relationships or years of tension. But what happens if someone you were once close to passes away, and you have been left out of their estate? A recent decision from the NSW Supreme Court sheds light on how courts approach this situation.
The Case at a Glance
In Robinson v Glennon [2025] NSWSC 770, the Court looked at the estate of Mr Geoffrey Baxter, who passed away without a will (known as dying intestate). His estate was modest, worth around $315,000, and under intestacy laws, his sister stood to inherit everything.
But Mr Baxter’s former spouse, Ms Kylie Robinson, brought a family provision claim under the Succession Act 2006 (NSW), asking the Court to award her a share (or all) of the estate to support her future needs.
The Relationship History
Mr Baxter and Ms Robinson had a long and tumultuous relationship. There were incidents of domestic violence, multiple separations, and reconciliations over more than 10 years. They officially separated about four months before Mr Baxter’s death, and due to their estrangement, Ms Robinson didn’t even find out he had died until six months later.
Nevertheless, the Court examined Ms Robinson’s claim in the context of the overall circumstances, rather than focusing solely on the period surrounding Mr Baxter’s death.
What the Court Decided
Justice Brereton awarded Ms Robinson the entire estate. The Court accepted that, notwithstanding the conflict and separations, she was the person Mr Baxter had been closest to during the last decade of his life.
Importantly, the Court noted:
- Ms Robinson relied on Mr Baxter for a place to live.
- Mr Baxter relied on her for domestic support.
- Their estrangement was partly due to Mr Baxter’s own behaviour.
This case reflects an important trend in family provision law that estrangement alone does not automatically exclude a claimant, particularly where there is a mutual reliance and the deceased’s actions contributed to the breakdown in the relationship.
What This Means for Victorians
While this is a New South Wales case, the same principles apply in Victoria under Part IV of the Administration and Probate Act 1958 (Vic). Victorian courts also look at the broader relationship – not just whether you were close when the person passed away.
Cases like Valentini v Valentini [2014] VSC 91 and Baulch v State Trustees [2008] VSC 22 show that even people who had little contact with the deceased for many years can still succeed in making a claim, especially if there was a long or meaningful history.
Key Takeaways
- Being estranged does not mean you cannot make a claim.
- Courts look at the whole relationship, not just the last few months or years.
- If the deceased contributed to the breakdown, that can be highly relevant.
- NSW cases often influence Victorian decisions because the laws are very similar.
- If you can show some history of mutual support or connection, even after a falling-out, the Court may find there is still a moral duty to provide for you.
If you have been left out of a loved one’s estate or if you are unsure whether you are entitled to make a claim, please contact our team. We are here to help you understand your rights and guide you through the process with care and clarity.
