Curtis v Curtis: the grandchildren are coming!

The threshold has lowered for deceased estate claims brought on from aggrieved grandchildren with the recent 2023 case Curtis v Curtis paving the way for future decisions.

Curtis v Curtis involved two grandchildren (Blake and Brock) in their 30s.  Their grandfather (Barry) passed away in January 2022.  His Will made no provision for Blake and Brock, sparking extreme controversy between them and their uncle (Rodney – Barry’s son).  To be eligible to make a claim, both Blake and Brock were required to show they were dependant or partially dependant during their lifetimes.

The family had experienced moments of extreme hardship, with their father (Darren – Barry’s son) losing his battle with bowel cancer in 2008.  The boys explained their close relationship with their grandfather, leaning on him for support and guidance through their fathers’ diagnoses, and many periods after that.  However, Rodney argued otherwise, stating there was no dependency.  The Court found in favour of Blake and Brock with the presence of partial dependency.

How could this apply to you?  Grandchildren of the deceased, unlike that of children or spouses, the plaintiffs must show factors warranting the making of their claims as well as being eligible persons.  For instance, something special about the relationship between the grandchildren and grandparent which then places a moral obligation on the deceased to make a provision.

In Curtis v Curtis, Rodney argued against a special relationship, merely stating the boys had a typical grandparent relationship.  There was further evidence provided to the Court enforcing the fact Rodney promised to Barry he would look after Blake and Barry once Rodney passed.  However, as per the facts, it doesn’t seem to be the case.  The Court held that the plaintiffs each (Blake and Brock) would receive 20 percent of the estate.  Rodney was to receive the remainder of the estate. 

This is an interesting case showing the eligibility for grandchildren making family provision orders pursuant to the Succession Act 2006 (NSW).  Being that this is a NSW case, it is possible that similar facts and outcomes could arise in Qld, although this may not be likely. For more information, queries or advice, please call our office and arrange an appointment with Amanda.