Yesilhat v Calokerinos [2021] NSWCA 110 (28 May 2021) (Bathurst CJ at [1]; Macfarlan JA at [2]; Brereton JA at [123])


Catchwords:


SUCCESSION – family provision – claim by alleged long-term partner of deceased – whether alleged partner an “eligible person” – whether de facto relationship, close personal relationship or dependent household member relationship – Succession Act ss 57(1)(b), (e), and (f) – requirement of “living” together and need for some common residence

APPEALS – from findings of fact – findings likely affected by impressions about credibility and reliability of witnesses – whether findings “glaringly improbable” – Fox v Percy test