By Julian & Renee (Australia) – with writing support from Alberto Aldana (Colombia)
The NSW Supreme Court case Bardi v Giannaros [2025] NSWSC 137 has all the elements of a modern-day drama. Involving a man allegedly living a “double life,” an international relationship, and a claim against a large estate, the case highlights the legal complexities that can arise in inheritance matters.
The case concerns a Greek woman, Ms Bardi, who claimed to have been in a de facto relationship with an Australian man for many years. Although she lived in Greece and he in Australia, it was alleged that they spent time together during his visits.
Ms Bardi claimed that the deceased had promised to financially support her and that they were in a de facto relationship, albeit one that was not publicly known. However, the man had been legally married to his wife in Australia for 28 years. Ms Bardi made an interim provision application seeking $250,000 from the estate to complete the purchase of an apartment in Athens before the final hearing. Justice Kunc dismissed Ms Bardi’s application for several key reasons:
- Eligibility concerns: To obtain interim provision, the applicant must first establish that they are an eligible person. Due to the secret and intermittent nature of the relationship, the Court was not satisfied that Ms Bardi would ultimately succeed in proving her claim.
- Competing moral claims: The Court placed significant weight on the legal wife’s position after 28 years of marriage, compared to Ms Bardi’s relationship, which was described as “secret and intermittent.”
- Risk of futility: As Ms Bardi resided in Greece, there was a real risk that, if funds were paid and her claim later failed, the estate would not be able to recover the money. The Court considered this a “futile” risk.
Important lessons for executors can be drawn from this case:
- Proving a secret relationship is extremely difficult. Claimants must demonstrate a genuine de facto relationship, including elements such as shared living arrangements, financial interdependence, and public recognition. In this case, the absence of these factors weakened the claim.
- There are no “quick wins” in estate matters. A deceased estate is not an immediate source of funds, even where financial need exists. Courts require proper evidence and due process before making any provision.
- Overseas claimants face additional challenges. Courts may require security for costs, meaning funds must be provided upfront to proceed. For property buyers involved in international transactions, this highlights how legal disputes can become complex, costly, and prolonged.
This case highlights the importance of working with experienced professionals. Flash Conveyancing collaborates with trusted agents and developers to help manage risks that may arise.
Julian and Renee of Flash Conveyancing are specialists in property transactions across New South Wales. With extensive experience working with local councils including Blacktown, Hawkesbury, Blue Mountains, The Hills, Hornsby, and Parramatta, we provide a personalised approach to every settlement. If you are considering purchasing property or dealing with a complex estate matter, we help ensure that everything is handled properly so you can move through the process with confidence.
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