A judge has delivered scathing remarks regarding the actions of a deceased man's children and ex-wife, who were found searching the family home shortly after the man's partner had identified his body in hospital. The ruling came amidst a bitter legal battle over the estate of Ross Fleming, valued at approximately $2.6 million.
Cecilia Rocio Ruiz Nunez, Mr. Fleming's de facto partner of over a decade, returned to their Northern Beaches home after identifying his body following a surfing accident in October 2023. She discovered Mr. Fleming's ex-wife, Kim, and their adult son, Lachlan, present in the house. The court heard that Lachlan emerged from a bedroom holding a document and stating, "I found the will."
Justice Geoff Lindsay of the Supreme Court of NSW rejected claims by Mr. Fleming's adult children, Lachlan and Caitlin, that their father was not in a committed de facto relationship with Ms. Ruiz Nunez and intended for the Elanora Heights home to go solely to them. The judge found that Mr. Fleming and Ms. Ruiz Nunez, who lived together with their 13-year-old daughter Mary-Grace, remained a couple until his death. He noted a lack of evidence suggesting Mr. Fleming intended to end the relationship and described Ms. Ruiz Nunez as his "widow in all but name."
Mr. Fleming's most recent will, signed in March 2007, predated his relationship with Ms. Ruiz Nunez. Under this will, his estate was to be divided among his surviving children who reached the age of 25 or married before that age, making no provision for Ms. Ruiz Nunez.
Justice Lindsay was critical of the adult children's evidence, describing it as colored by "self-interest" and a "jaundiced view" of their father's relationship with Ms. Ruiz Nunez. He further found they appeared to show a "complete lack of empathy" for Ms. Ruiz Nunez and their younger half-sister following Mr. Fleming's death. He deemed it "unsafe to rely" on their testimony, citing their continued disquiet over their parents' marriage breakdown and a sense of loss.
Ms. Ruiz Nunez had identified her partner's body at Northern Beaches Hospital, where she was visibly distressed. A family friend and neighbour accompanied her and later testified to the court about finding Mr. Fleming's ex-wife and son at the home. Mr. Fleming and Kim divorced in 2005 after marrying around 1995.
During the legal proceedings, the executor of the estate argued that Ms. Ruiz Nunez had already been adequately provided for through a superannuation death benefit nomination. She received over $541,000 from his super fund. However, Ms. Ruiz Nunez contended that this money was intended to pay off the approximately $66,000 mortgage on the Elanora Heights home, not as a substitute for a share of the estate or long-term security.
Justice Lindsay agreed that the superannuation payment was insufficient. He noted that Ms. Ruiz Nunez was left as a single mother without secure accommodation or income, with no immediate provision for her daughter's future. The judge ultimately proposed that Ms. Ruiz Nunez receive the Elanora Heights family home, valued at approximately $2.4 million, on the condition that she pay $150,000 to each of Mr. Fleming's two children. A coroner's report indicated that Mr. Fleming's Huntington's disease may have contributed to his drowning by impairing his swimming ability.