Curtis v Curtis

The appeal in *Curtis v Curtis* concerned a family provision claim brought by grandchildren against the estate of their deceased grandfather. The primary judge had made orders for family provision in favour of the grandchildren. The executor of the estate appealed these orders to the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the primary judge had erred in finding that the grandchildren were dependent on the deceased and whether the primary judge had erred in finding that there were factors warranting the making of family provision orders. The appellant also argued that there was a failure in the fact-finding process, specifically in not addressing key documents and central submissions, and that a retrial might be necessary.

The Court of Appeal found that the primary judge had erred in their assessment of dependency and the overall assessment of the factors warranting provision. The court determined that the evidence did not support a finding of sufficient dependency to justify the orders made. Consequently, the appeal was allowed, the primary judge's orders were set aside, and the grandchildren's summons was dismissed. The respondents were ordered to pay the appellant's costs of the appeal and the proceedings below, with a certificate granted under the Suitors’ Fund Act 1951 (NSW) for the costs of the appeal.