Grandparents are not usually expected to provide for their grandchildren in their wills unless the grandchild established they were dependent upon the deceased grandparent and there were special circumstances to warrant bringing a claim for family provision orders.
Can a Grandchild Challenge a Will?
A recent New South Wales Court of Appeal case, Angius v Angius [2025] NSWCA 113, the Court considered whether a granddaughter should receive part of her late grandfather’s $29.5 million estate — even though she wasn’t named in his last will.
Proving Financial Dependency on a Grandparent
Natalie, the granddaughter, claimed she was financially dependent on her grandfather, John. Over the years, he supported her with regular payments — especially after she was diagnosed with multiple sclerosis. These contributions were more than occasional gifts; they helped her manage medical costs and living expenses. She also lived with a range of ongoing health conditions that made her future financial security uncertain.
A Close Relationship Can Matter
Natalie was also a regular visitor and companion to John, helping him with daily tasks, payment of bills, and attending hospital appointments. The court considered this support, along with evidence that John had planned to appoint her as his attorney and guardian and had expressed an intention to update his will to include his grandchildren. All of these factors showed that Natalie was more than just a relative — she had become part of his support system.
The Court’s Ruling: Granddaughter Wins $2.55 Million
Despite opposition from Jenny, John’s daughter and the sole beneficiary under the estate, the court ruled in Natalie’s favour. It found she was partly dependent on her grandfather and that the will failed to make adequate provision for her future needs. Natalie was awarded $2.55 million — a significant outcome based on her unique circumstances.
What This Means for Family Provision Claims
This case highlights that under the Succession Act 2006 (NSW), grandchildren may have a right to claim provision from an estate — especially where there is evidence of financial reliance, close emotional bonds, and future need. It also shows that the Court is entitled to consider the intent of the deceased and the moral duty they may have felt they owed, even if not formalised in their will.
Need Help with a Disputed Will?
At The Law Office of Conrad Curry, we understand the emotional and legal challenges that come with estate disputes. Whether you’re making a claim or defending a will, we’re here to provide trusted advice with care and compassion.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.