12 Jan The story of Caitlin Thornton – how dying without a Will can leave control in the wrong hands
Caitlin Thornton’s story is a confronting reminder that estate planning isn’t only about money—it is also about dignity, safety, and control.
A Current Affair ran the story of Caitlin, a 21-year-old mother of two, who died in March 2023 without a Will days after she left her boyfriend. Her family has said she had been in an abusive relationship with the boyfriend, and that—because there was no Will—her boyfriend became the person with legal responsibility for decisions about her body and belongings, sidelining her mother during the period immediately after Caitlin’s death.
Image: Facebook
Why “no Will” can hand power to the wrong person in NSW
In NSW, when a person dies without a valid Will (dies “intestate”), the law decides who has priority to deal with the estate. That usually means a spouse or de facto partner is first in line to apply for “letters of administration” and control the administration of the estate, ahead of parents and other family members.
That practical control matters immediately. At common law, the right and responsibility to arrange the funeral and disposal of the body generally sits with the deceased’s legal personal representative—the executor named in a Will, or if there is no Will, the administrator who is entitled to the grant. Where there’s no Will, that often aligns with “next of kin” in priority order, starting with a spouse/de facto partner.
Caitlin’s family says that legal structure translated into real-world harm: it prolonged grief, created conflict, and kept an alleged abuser in a position of power after death.
The estate-planning risks that are magnified by coercive control
Abusive relationships often involve isolation, financial control, surveillance, and intimidation—factors that make it harder to make (or safely store) a Will. When a person dies intestate in that context, several risks escalate:
- Funeral and body disposal decisions may fall to the abusive partner (or the person perceived legally as the spouse/de facto), even if the broader family relationship is supportive.
- Immediate access to possessions and information—phones, documents, sentimental items—can be controlled by the person administering the estate, creating distress and evidentiary complications.
- Distribution outcomes are dictated by statute, not safety. NSW intestacy rules prioritise a spouse/de facto partner in many common family scenarios.
- Litigation becomes the “safety net”. Families may be forced into urgent Supreme Court applications about administration and related disputes at the worst possible time—costly, slow, and emotionally draining.
What safer planning can look like in NSW (especially where abuse is present)
For people in or exiting abusive relationships, a basic estate plan can be protective:
- Make a Will early naming an executor you trust (not your partner by default).
- Include clear directions about who is to control your personal effects, and use a separate, safely stored “letter of wishes” for funeral preferences (recognising wishes aren’t always legally binding, but they guide your executor/administrator).
- Review beneficiary settings outside the Will (especially superannuation and insurance) and update them after separation.
- Plan for safe execution and storage: use a lawyer, avoid shared email/printing, and store copies somewhere the abusive party cannot access.
Caitlin Thornton’s case has prompted renewed calls for reform, including proposals to suspend “next of kin” control where domestic violence concerns exist. But right now, the most reliable protection remains proactive planning: in NSW, no Will can mean the law hands decision-making to the very person a victim was trying to escape.
If this article has created concerns for you about your current situation or your Will, contact Solari and Stock and speak with one of our Sutherland Shire Estate Planning Team on 8525 2700, alternatively click here to request an appointment, or use the Book Now button below. Our Estate Planning Team includes Rebecca Exley, Michael Solari, Nicole Commandeur and Valentina Abouzeid.
If you, or someone you care about, is experiencing domestic or family violence, support is available. Please refer to the contact numbers below for confidential assistance and immediate help.
National Sexual Assault, Domestic Violence Counselling Service 24-hour helpline 1800 RESPECT on 1800 737 732, text 0458 737 732 or join an online chat at https://www.1800respect.org.au/online-chat-1800respect
- 24-hour Emergency Accommodation helpline on 1800 152 152
- Full Stop Australia: NSW Sexual Violence Helpline 1800 424 017
- NSW Victims Services 1800 633 063
- Bravehearts – Sexual Assault Support for Children free call on 1800 272 831
- Kids Helpline is for young people aged 5 to 25 on 1800 55 1800
- Lifeline Australia 13 11 14
To view the news story on A Current Affair click here.
Article by Rebecca Exley
Image created in Canva