Provision for grandchildren

Published On - July 7, 2025

Estate Planning, Succession Act, Will Disputes, Wills

Angius v Angius [2025] NSWCA 113 (27 May 2025)

Giovannie John Angius (“John”) passed away on January 31, 2022, leaving an estate valued at over $29 million. His Will granted everything to his daughter, Jenny Angius, without any provision for his son Robert or his granddaughters, including Natalie Angius. Natalie, John’s granddaughter, filed a claim, arguing that she had not been adequately provided for.

Background:

  • John and his wife Laura separated in 2010 after John was accused of infidelity.
  • Robert supported his mother, while Jenny sided with John.
  • Laura passed away in 2012, leaving her $13 million estate to Robert.
  • Natalie was estranged from her father, Robert, after their divorce in 1997.
  • John had financially supported Natalie’s mother, Silvana, and their children after the divorce, including child support and property settlement payments.
  • Natalie and John developed a close bond when she was 16, and they stayed close as she grew older, though she remained estranged from her father.
  • In 2014, Natalie was diagnosed with multiple sclerosis, and John helped with her medical expenses and living costs.
  • However, in 2021, John made a new will that excluded Natalie.

Issue:
The main question was whether Natalie could prove she had been partly dependent on her grandfather at any time and that the will did not make adequate provision for her.

Decision:
The Supreme Court and the Court of Appeal ruled in favour of Natalie, awarding her $2.55 million from John’s estate. The Court found that Natalie had been partially dependent on her grandfather and noted that she could not rely on support from her estranged father.

Key Takeaways:

A claim can be made under the NSW Succession Act 2006 if:

  1. A grandchild was partially or wholly dependent on the deceased grandparent.
  2. The will fails to provide adequately for the grandchild’s maintenance or well-being.
  3. There are compelling circumstances, such as estrangement, financial or medical need, and emotional dependency.
  4. A genuine level of dependency exists between the grandparent and grandchild, regardless of financial support.

For the full case, visit Angius v Angius [2025] NSWCA 113 (27 May 2025).