A Family Law Disaster That Could Have Been Prevented: Key Lessons from Reynolds v Bonnici

When David Bonnici took his own life in December 2014, he left behind more than just heartbreak—he created a legal mess that would cost his family years of court battles and thousands of dollars in legal fees. The NSW Supreme Court case that followed offers important lessons for anyone dealing with wills, relationships, and estate planning.

The case focused on the law of “Ademption”.  What happens when a specific property named in a Will no longer exists?

What Happened: A Relationship Gone Wrong

David Bonnici's relationship with Narelle Reynolds began in August 2007 and ended badly by 2011. They had a young daughter together in 2008, but David also had two adult children from a previous relationship. When relationships break down between people with children from different relationships, it often creates exactly the kind of "first family versus second family" dispute we saw here.

In May 2010, while still with Narelle, David made a will that was very generous to her. He left her his superannuation, his furniture, a share of his property sales, and made her a beneficiary of his residual estate along with his three children. But then things went downhill.

The Hidden "Agreement" That Caused All the Trouble

In October 2010, David worked with a friend to create a one-page "agreement" about buying a property at Mona Vale through their superannuation fund. The problem? This document was never signed, and David never told Narelle it existed.

The document was also illegal under superannuation law because it said the property would be bought "for the sole use" of Narelle, which isn't allowed. Yet David never changed his will, never formally revoked it, and kept it unchanged for 3-4 years after their relationship ended.

What the Court Had to Decide

David's adult daughter argued that because he had provided for Narelle through their property and superannuation arrangements, she shouldn't also get what was promised in his will—claiming this would be getting the same benefit twice (called "double portions" in law).

The court had to figure out: Did David intend his property dealings with Narelle through his “hidden agreement”  to cancel out what he promised her in his will?

The Court's Decision: Intention is Everything

Justice Lindsay found there was no legal reason to cancel Narelle's gifts from the will. David never entered into a property settlement agreement with her, so the gifts she was promised in the will remained valid.

The court identified several critical factors:

Communication Matters Most: David never told Narelle he intended their property arrangements to replace what he'd left her in his will. For this kind of legal cancellation to work, the person must know about and accept that intention.

Actions Speak Louder Than Drafts: David could have changed his will anytime through a formal legal document, but he chose not to. He could have pursued a formal financial agreement under family law, but he didn't.

Keeping It Legal: The court found that David and Narelle's financial arrangements looked more like joint investments than a final property settlement. Narelle contributed her own money and paid rent—hardly consistent with receiving gifts meant to replace her inheritance.

What This Means for Ordinary Families

1. Update Your Will When Life Changes

The most important lesson is simple: when major life changes happen, update your will immediately. David had years to change his will but never did. Don't assume informal arrangements or verbal agreements will override what's written in your will.

2. Be Clear About Your Intentions

If you want later gifts or arrangements to replace what's in your will, you must make this crystal clear to everyone involved and ensure they agree. Secret documents and unspoken assumptions create expensive legal disputes.

3. Get Proper Legal Help

Even if David's document had been signed, it wouldn't have been legally valid without proper legal advice certificates. DIY legal arrangements with friends rarely work and often make things worse.

4. Think About Your Children

This case shows what often happens when someone has children from multiple relationships—the families end up fighting each other in court. Consider how your decisions might affect all your children and try to prevent conflicts before they start.

5. Don't Mix Up Different Legal Areas

David's superannuation benefits weren't even part of his estate, which complicated everything. Different assets are governed by different rules—get professional advice to understand what applies to your situation.

The Bigger Picture

While courts can help fix some problems, the law already provides formal ways to handle relationship breakdowns and estate planning. When people try to work around these systems with informal arrangements, they often create exactly the problems they were trying to avoid.

The Real Tragedy: 

This whole legal battle could have been prevented. If David had updated his will when his relationship ended—or created a proper financial agreement with legal advice—his family could have avoided years of expensive court battles during an already difficult time.

For anyone facing relationship changes, the death of a partner, or complex family situations: don't try to handle it alone, don't leave things unclear, and don't assume people will just "work it out." Get proper legal advice and put your wishes in writing in a way that actually works under the law.

Inherit Australia’s sophisticated software will help identify issues of the kind described in the Reynolds case and steer you in the right direction in getting competent legal advice.

The cost of good legal advice upfront is nothing compared to the cost of family court battles that could last for years.

This case highlights legal principles but should not be considered legal advice. Every situation is different and requires individual professional guidance.

If this story has raised any distressing thoughts or feelings, please reach out for support. You can contact Lifeline on 13 11 14 for 24-hour free and confidential help.