Love may be dead, but the inheritance lives on: Takeaways from Chie v Veale

Learn how the NSW Supreme Court case Chie v Veale [2025] highlights estate planning risks after separation and why updating your will matters. Discover practical strategies to prevent disputes and ensure your wishes arehonored.

The Supreme Court of New South Wales not only delivered a decision, but a lesson in not leaving your estate planning vulnerable to unexpected circumstances such as the death of a beneficiary and separation from a partner, either a spouse or de facto.

In Chie v Veale [2025], David Chie (David) brought a family provision claim against the estate of his late mother, Charmaine Mary Joan Chie (Deceased) on the basis that her will failed to make adequate provision for his proper maintenance, education or advancement in life.The Deceased's will left her house and caravan (worth approximately $2 million) to her son, John Veale (John) and her cash (worth $43,915 at the time of her death in November 2022) to her three remaining children, including David, in equalshares.

Four months after the Deceased's death, John died intestate (without a will) which triggered major complications for how his entitlement under the Deceased's will was to be distributed, considering he was survived by a spouse, Maria Veale (Maria) with whom John had been separated for several years prior but did not formally divorce.

Due to John's failure to draft awill following his separation, Maria had astatutory right to half his estate, with the other half going to children from his previous marriage, in accordance with section 113 of the Succession Act 2006 (NSW). This includes John's entitlements under the Deceased'swill.

The Court held that David was not adequately provided for in the Deceased's will and ordered that he receive $450,000from the proceeds of sale of the Deceased's house.In accordance with the law of intestacy, Maria was to receive half John's estate, while his children of his previous marriage received the other half.

What can we take away from this decision?

There are many practical take aways from this case, learnings from both the Deceased's and John's estates. Here are some matters to consider when drafting your estate planningdocuments:

Review your estate planning following separation from a partner

It is always important to ensure your estate planning is in order and up to date (with contingencies built into the documents) as life is unexpected and anything can occur at any time. When it comes to separation from a partner, drafting a will is the best way to ensure your testamentary intentions are followed if you were to die before finalising a separation.

Dying without a will leaves the law of intestacy to determine how your estate will be distributed, and in the case of a separation, can result in more than half of your estate being left with an ex-partner if not formally finalised (i.e. divorce).

Consider alternate pathways for distribution in case the unexpected happens

Given the unexpected nature of life, it is also important to consider that anything can happen to an appointed executor or the beneficiaries of your estate. Appointing an alternate person to take on these roles if someone either predeceases you, does not survive you for 30 days or is unwilling to act is a good way to ensure your estate is not vulnerable to the possibility of another person having the authority to choose how your assets are to be administered.

Make sure your loved ones are adequately provided for to avoid dispute

Chie v Vealeis an example of a case where more robust estate planning could have saved disputes, including minimising the risk of family provision claims. Drafting further documents, such as a memorandum of wishes can assist with giving context to certain decisions made by a willmaker.

While awill needs to comply with certain formalities, the possibilities are endless for what can be included in a memorandum of wishes. A willmaker can, for example, take the time to explain why certain choices have been made, express wishes for how you would like your estate administered, as well as aiding executors and beneficiaries of what you would do with your assets and liabilities if you were still alive, and more.

For further information please contact:

Angela Har­vey, Partner
Phone: + 61 2 9233 5544
Email: axh@swaab.com.au

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.