02 Feb Caitlin Thornton – another woman affected by coercive control
How this impacted her property after death without a Will.
When Death, Family Violence and Family Law Intersect
In March 2023, A Current Affair reported on the tragic death of Caitlin, a 21-year-old mother of two who passed away without having made a will, only days after leaving her partner. Caitlin’s family later shared that she had been in an abusive relationship. Because she had not made a will, her former partner became the person legally responsible for decisions relating to her body and property, sidelining her mother in the immediate period following Caitlin’s death.
At the heart of Caitlin’s case was the fact that she had not formally separated from her partner and had not commenced family law property settlement proceedings before her death.
What Happens to Property When a Partner Dies?
Death does not automatically determine how property is divided between former partners. Instead, it can create a complex interaction between:
- potential entitlements under the Family Law Act, and
- succession and intestacy rights under the Succession Act 2006 (NSW) and the administration of the deceased estate.
Which laws apply, and who ultimately benefits, depends on whether family law proceedings had already commenced before death.
If Family Law Proceedings Were Already Underway
Where property settlement proceedings have already been commenced, they can generally continue after a party’s death through the deceased’s legal personal representative (being the executor or administrator of the estate).
Importantly, the Family Law Court retains the power to make property settlement orders that affect the deceased person’s interest in the asset pool. While dying without a will determines who inherits the net estate, it does not prevent the Court from first deciding what property forms part of that estate. In effect, family law proceedings can alter the size and composition of the estate before it is distributed.
If No Property Proceedings Had Commenced
The situation is more complicated where no family law proceedings were on foot at the time of death. In these circumstances, certain assets may pass outside the estate altogether, regardless of intestacy or a will. For example:
- property held as joint tenants usually passes automatically to the surviving joint owner;
- many superannuation death benefits are paid at the discretion of the fund trustee or to a binding nominee, often the deceased’s partner; and
- some insurance proceeds and trust assets may not form part of the estate.
This can significantly limit the ability of family members to challenge outcomes after death.
Family Violence and Coercive Control
Many people experience domestic violence or coercive control but feel unable to leave a relationship or take legal steps to protect themselves. The absence of a will in these situations can have devastating consequences, as seen in Caitlin’s case.
Since 10 June 2025, amendments to family law legislation have strengthened protections for victim-survivors. Courts are now expressly required to consider the impact of family violence—including coercive control—when determining property settlements and spousal or de facto maintenance. This includes considering how violence may have affected a person’s ability to work, manage finances, make decisions, or preserve assets.
Planning Is Still the Best Protection
Caitlin’s story has renewed calls for reform, including proposals to limit “next of kin” control where domestic violence is alleged. However, without a will or early legal advice, these issues will continue to arise.
The most reliable protection remains proactive planning.
How Solari and Stock Can Help
If you are in a violent relationship, experiencing coercive control, or concerned about your legal position—or if you are worried about someone you care about—our Family Law team at Solari and Stock are here to help. We offer confidential, compassionate advice to help you understand your options and protect your future.
Please reach out to arrange a confidential appointment with one of our experienced Family Law Solicitors. Support is available, and you do not have to navigate this alone.
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.
Writen by Shweta Kumar
Image created in Canva
For more information please refer to our Estates team article on this topic The Story of Caitlin Thornton, how how dying without a Will can leave control in the wrong hands.