Eighteen months after Craig Aitchison died, his mother is trying to force a sale of his Christchurch home currently occupied by former partner Sonya Hare. The two women are arguing over who has control of Craig’s estate.
Craig died in November 2020, leaving no will. Default rules in the Administration Act see inheritance on intestacy going primarily to any surviving spouse. The definition of spouse includes any partner in a long-term de facto relationship. Sonya says she and Craig were in a relationship for more than three years; Craig’s mother disputes this.
The High Court was told Craig’s estate has a current value of around $300,00: equity in his Mortlake Street home in Christchurch suburb Islington plus cash held in a lawyer’s trust account. After Craig’s death, his mother applied for and was granted Letters of Administration by the High Court to administer her late son’s estate. In so doing, she told the court Craig was not survived by any de facto partner. Sonya says Craig’s mother will not accept that she and Craig were in a de facto relationship. She obtained a freezing order over estate assets from the High Court.
With estate assets frozen, the two will next be in court arguing whether Sonya’s relationship with Craig did amount to a long-term de facto relationship. If proved, Sonya will inherit the bulk of Craig’s estate.
Hare v. Aitchison – High Court (21.05.21)
21.084