CASE: McCarthy v Tye [2017] NSWCA 284

Can a boarder and a housemate make a claim on your estate?

In some circumstances, the answer may be yes.

Peter McCarthy had been a boarder in the house of Diane Green from 2003 to 2014. He paid rent and his own expenses.

After 11 years of living together, they had become close friends and even went on a few holidays together.

After Diane's death in 2014, Peter made an application to receive a substantial part of her estate - mainly the house he was still living in.

He claimed that he was Diane's de facto spouse at the date of her death. Was he? Did he receive some of Diane's estate?