Angius v Angius

The New South Wales Court of Appeal considered a family provision claim brought by a grandchild against the estate of the deceased. The applicant sought provision from the estate, alleging she was a wholly or partly dependent of the deceased and that the deceased had failed to make adequate provision for her proper maintenance, education, and advancement in life. The deceased had provided financial support to the applicant, who was an adult, and had also intended to appoint her as attorney and guardian.

The Court was required to determine whether the applicant was an eligible person to bring a family provision claim, specifically whether she was wholly or partly dependent on the deceased. Furthermore, the Court had to consider whether the factors warranted making provision for the applicant from the estate, and if so, what quantum of provision would be appropriate given the size of the estate and the applicant's circumstances, including her multiple sclerosis and limited financial support from her parents.

The Court reasoned that the applicant had established a sufficient degree of dependency on the deceased to be considered an eligible person. The financial support provided by the deceased, coupled with the applicant's provision of companionship and assistance to the deceased, and the deceased's intention to appoint her as attorney and guardian, demonstrated a relationship that warranted provision. The Court found that the deceased had not made adequate provision for the applicant's proper maintenance and advancement in life.

The appeal was dismissed with costs.