Legal limbo for left out lover

Published in the Coffs Coast News Of The Area on 18 July 2025.

Elena, a woman in her early 50s living in Athens, had been in a five-year relationship with Thomas, a married Australian businessman. While Thomas continued to live with his wife Margaret in Sydney, he would travel regularly to Greece, where he and Elena spent extended periods of time together.

Over the course of the relationship, Thomas transferred more than 200,000 euros to Elena. Elena claimed that Thomas had also promised to assist her in purchasing and renovating an apartment to live in and use for a future beauty salon. Relying on these promises, Elena entered a contract to purchase an apartment and paid a deposit of 10%.

In 2023, Thomas passed away from cancer, but days earlier signed a will leaving his entire $1.3 million estate to his wife Margaret. Elena was left out of the will entirely.

Facing the risk of losing the apartment and her investment, Elena applied to the Supreme Court of New South Wales for an interim payment of $400,000. She claimed to be either Thomas’ de facto partner or financially dependent on him.

Margaret, as executor and sole beneficiary, strongly opposed Elena’s application. She denied any knowledge of Elena and argued that the claim lacked evidence, that the estate could not justify parting with such a significant sum, and that the relationship had been kept deliberately hidden.

The Court found that while Elena may have had a close relationship with the deceased, Elena failed to prove she was an ‘eligible person’ under the relevant legislation. The Court also expressed concern about securing repayment to the estate if the claim was later revoked, as Elena was a Greek national with no other connection or assets in Australia.

The Court considered the risk to Thomas’ estate too high. The application was dismissed and Elena was ordered to pay Margaret’s legal costs for the motion on an indemnity basis.

Thank you to Ellysha Laklem, for her assistance with this column.

This fictional column is not legal advice.