In Girotto v Girotto [2025] NSWSC 616, the Supreme Court of NSW dismissed a claim by an adult son, Maurisio, who sought a larger share of his late mother Bertilla’s estate. The decision reinforces the importance of respecting the clear wishes of a competent testator, even when those wishes are controversial.
Background
Bertilla Girotto died in 2022, leaving an estate valued at approximately $3.6 million. Her will, made shortly before her death, left $300,000 to her eldest son Maurisio and the remainder to her younger son Dante, who had lived with and cared for her for decades.
Maurisio challenged the will under section 59 of the Succession Act 2006 (NSW), arguing that $300,000 was not “adequate provision” for his proper maintenance and advancement in life.
The Family Breakdown
The Court heard extensive evidence about a long-standing, hostile relationship between the two brothers, marked by violence and years of estrangement. Bertilla had made detailed handwritten notes, statements, and a statutory declaration explaining why she left the bulk of her estate to Dante. She described Maurisio’s history of aggression, disrespect, and financial demands, and emphasised Dante’s loyalty and care for both her and her late husband.
Despite Maurisio’s argument that Bertilla was misled or manipulated, the Court found she was intelligent, mentally competent, and had made her testamentary decisions independently.
The Court’s Findings
Justice Kunc found that:
- The $300,000 legacy was sufficient to meet Maurisio’s modest future needs.
- Maurisio was financially comfortable, with income, superannuation, and valuable real estate.
- The testator’s intentions were clearly expressed, rational, and based on sound observations.
Even if the legacy had been determined to be inadequate, the Court held it would not have exercised its discretion to increase Maurisio’s entitlement, citing the moral and factual strength of Bertilla’s preference for Dante.
Lessons for Families and Lawyers
This case reinforces that while adult children are eligible to claim family provision, the Court will weigh competing moral claims and respect a capable testator’s considered judgment.
It’s a powerful reminder that:
- Courts won’t rewrite wills lightly.
- Estrangement and misconduct can significantly reduce a child’s claim.
- Documenting reasons for unequal gifts in a will can prevent or defend challenges.
Need Help With Your Will?
If you’re concerned about how your estate will be divided, or if you’re worried that a family member may challenge your will, our experienced Wills & Estates team can help. We’ll work with you to document your wishes clearly and minimise the risk of future disputes.
Call us on 02 4050 0330 or
Visit our Wills & Estates page to learn more.
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.
