A recent decision by the NSW Supreme Court has emphasised that siblings—even adult siblings—may be entitled to a share of a deceased’s estate in the right circumstances.
In El-Bayeh v El-Bayeh [2025] NSWSC 1177, the Court awarded a lump sum of $1.45 million to the deceased’s younger brother. For most of his life, the deceased had acted as a father figure to him and had promised to provide for him in return for years of hard work and loyalty.
The case in a nutshell
Tony El-Bayeh migrated to Australia as a small child with his family. His older brother, Youssef (later known as Tony Salim), became the main provider, protector, and decision-maker for the family. He managed everything—from finances to property—while the younger siblings, including Tony, worked in the family business earning as little as $20 a day.
Youssef promised their parents that his younger brothers would be looked after. In 1989, he acquired properties for them—including one in Tony’s name—but years later, he convinced Tony to sell that property in exchange for another. That second property was also later sold, without Tony’s knowledge, and Tony received nothing from either sale.
When Youssef passed away in 2023, his will left most of his multi-million-dollar estate to his son and daughters—but nothing to Tony, who was now in poor health and struggling financially.
The Court’s decision
The Supreme Court found that:
- Tony was an eligible person under the Succession Act 2006 (NSW), because he was dependent on Youssef and had lived in his household for most of his life.
- Youssef had a moral obligation to provide for Tony.
- Youssef had made promises to provide for Tony that were broken.
- Tony had contributed to the family’s wealth, working long hours for years.
As a result, the Court ordered that Tony receive $1.45 million from the estate—enough to buy a modest home and live with dignity near his remaining family.
Why this matters
Many people believe family provision claims are just for children or spouses—this case shows that each family situation is unique. If you’ve been left out of a will and believe you were promised support or made sacrifices that contributed to the estate, you may have a valid claim.
At The Law Office of Conrad Curry, we understand that family relationships are complex, and navigating will disputes can be emotionally and financially draining. We’re here to help you explore your rights with compassion, clarity and expert legal advice.
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.