The Legal Light Justin Stack Family provision court battle over $30 million will A recent court battle over a $30 million will demonstrates that the person who was meant to inherit the estate as stated in the will isn't necessarily the one who will get it. The legal fight began almost immediately after 82-year-old John Angius died in 2022. In his will he left his $30 million fortune to his daughter. His estranged son was cut out of the inheritance. The son had sided with his mother when she split with his father in 2010, and he was the sole beneficiary of his mother's $13 million will. But it was Angius' former lover and his grandchild, who were not provided for in Angius' will, who challenged his will in the Supreme Court. They sought a share of the estate under the NSW Succession Act that allows "eligible" people to seek a "family provision order". This can apply when a will doesn't make adequate provision for a relative or close person who has needs that should be provided for out of the estate. The Supreme Court, after an appeal, awarded $250,000 to the former lover and $2.5 million to the granddaughter. The court ruled that as the granddaughter had been supported by Angius when she was a child and during health problems as an adult, it was fair she receive a portion of the estate. Felicity Marchant, wills and estates lawyer at Stacks Law Firm, said the case highlights the increasing number of family provision orders sought by people challenging a will. The number of family provision cases filed in the NSW Supreme Court has increased from 655 in 2005 to 996 in 2014. "Courts are increasingly treating each of these family provision applications individually. They look at the needs of the applicant and whether the will was appropriate in the circumstances," Ms Marchant said. "A key consideration is that the size of estates bequeathed in wills has grown as the value of homes and property has increased. Judges are taking that into consideration when deciding whether it is 'fair' that a person with needs wasn't provided for in a will." Ms Marchant said if someone wants to ensure their estate goes to the people they want it to go to, they should get legal advice to protect their wishes. "It may be worth exploring alternative estate distribution methods, such as testamentary trusts or family trusts, or holding assets such as your home as joint tenants to bypass the will. "However, no will is entirely immune to a family provision claim, and people who feel unfairly left out of an inheritance should consider making a claim." STACKS LAW FIRM Joshua Crowther Specialist in Wills, Estates & Wealth Protection 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack Family provision court battle over $ 30 million will A recent court battle over a $ 30 million will demonstrates that the person who was meant to inherit the estate as stated in the will isn't necessarily the one who will get it . The legal fight began almost immediately after 82 - year - old John Angius died in 2022 . In his will he left his $ 30 million fortune to his daughter . His estranged son was cut out of the inheritance . The son had sided with his mother when she split with his father in 2010 , and he was the sole beneficiary of his mother's $ 13 million will . But it was Angius ' former lover and his grandchild , who were not provided for in Angius ' will , who challenged his will in the Supreme Court . They sought a share of the estate under the NSW Succession Act that allows " eligible " people to seek a " family provision order " . This can apply when a will doesn't make adequate provision for a relative or close person who has needs that should be provided for out of the estate . The Supreme Court , after an appeal , awarded $ 250,000 to the former lover and $ 2.5 million to the granddaughter . The court ruled that as the granddaughter had been supported by Angius when she was a child and during health problems as an adult , it was fair she receive a portion of the estate . Felicity Marchant , wills and estates lawyer at Stacks Law Firm , said the case highlights the increasing number of family provision orders sought by people challenging a will . The number of family provision cases filed in the NSW Supreme Court has increased from 655 in 2005 to 996 in 2014 . " Courts are increasingly treating each of these family provision applications individually . They look at the needs of the applicant and whether the will was appropriate in the circumstances , " Ms Marchant said . " A key consideration is that the size of estates bequeathed in wills has grown as the value of homes and property has increased . Judges are taking that into consideration when deciding whether it is ' fair ' that a person with needs wasn't provided for in a will . " Ms Marchant said if someone wants to ensure their estate goes to the people they want it to go to , they should get legal advice to protect their wishes . " It may be worth exploring alternative estate distribution methods , such as testamentary trusts or family trusts , or holding assets such as your home as joint tenants to bypass the will . " However , no will is entirely immune to a family provision claim , and people who feel unfairly left out of an inheritance should consider making a claim . " STACKS LAW FIRM Joshua Crowther Specialist in Wills , Estates & Wealth Protection 02 6592 6592 taree.stacklaw.com.au Partners in life