The Background
In July 2017, celebrated Indigenous artist Dr G Yunupingu passed away. More than four years later, his family continues to navigate the legal complexities surrounding the administration and distribution of his estate.
At the time of his death, Dr Yunupingu was separated from his wife but not divorced, and was in a new de facto relationship. As a result, his former wife, de facto partner, and daughter may all be eligible to claim a share of his estate.
Dr Yunupingu left behind an informal Will—just 78 words long—which left half of “my income” to his daughter and the other half to the Gurrumul Yunupingu Foundation. This Will was neither prepared nor reviewed by a solicitor and did not name an executor to carry out his final wishes.
The Legal Proceedings
In early 2022, an application for Letters of Administration was filed with the Court. This is a legal process required to appoint someone to manage and distribute the deceased’s assets when a valid Will is absent or incomplete.
The Court has since noted that several of Dr Yunupingu’s assets, including personal items such as musical instruments, were not accounted for in the Will. If the Will is deemed invalid, or if the estate is found to be only partially covered by the Will, the remaining assets must be distributed by agreement between the interested parties—or by default according to the applicable legislation.
A Victorian Perspective
Had this matter arisen under Victorian law, the outcome may have been different. In Victoria, the law often prescribes equal distribution between a deceased’s former spouse and current de facto partner, which may exclude or reduce the entitlement of a child of the deceased.
The matter is scheduled to return to Court in February for further determination.
The Takeaway
This case underscores the critical importance of having a valid, thorough, and professionally prepared Will. Without clear instructions, families can be left to face prolonged legal battles, emotional strain, and significant costs during an already difficult time.
If you’re considering preparing or updating your Will or broader estate plan, we encourage you to contact our experienced estate planning team on (03) 9311 8911.
