Sitting around the family dinner table, we sometimes have some pretty difficult conversations. None more important however than what is to happen to us after we pass away. Some families do not have these conversations, and if they do it can sometimes lead to arguing.
Enter John Angius, who passed away in 2022 and had signed a new will in early 2021. You may have seen some articles about this case, which involved an estate with an estimated value just under $30 million which included a property in Coogee making up the bulk of the value. You can read the judgement here or just read our take.
The Angius family was not a peaceful one, with John and his wife Laura having divorced after she accused John of an affair, contributing to a rift within the family. Following his death, two claims for family provision orders were made including by his granddaughter Natalie, and his partner Thi who was not included in his 2021 will.
Family provision claims are brought by eligible parties when it is believed that the deceased person has not adequately provided for them with or without a will. The Court will make orders if they are satisfied that the deceased person has not made adequate provision for the person’s maintenance, education or advancement.
John’s granddaughter Natalie was diagnosed with Multiple Sclerosis and her claim was made on the basis that she was eligible to do so because she was a grandchild who was dependant on John. Because of her medical diagnosis, she argued she relied on John financially to cover medical bills and assist with her care. Although she was provided for in John’s will, she argued that because of her ongoing needs she would require a larger share of the estate than what she was gifted.
Thi, John’s partner, was not provided for in either of his wills. Thi made an application on the basis she was eligible as a person who was in a de facto relationship with John and that she was in a close person relationship with him at the time of his death. If you do decide to read the various judgments, you will read that Thi had a long history with the family and admitted to being the person with whom John was having an affair.
The history of the Angius family is filled with drama, suspense, and often violent accusations, with one of John’s children allegedly punching the other during an argument over property. It was also frequently aired during the proceedings between the warring parties and the respective judges left no stone unturned when reviewing the facts of the family history.
While there is plenty to cover in this saga, we must understand a few things to ensure we are leaving a legacy that is not only meaningful, but also relieves stress for our loved ones left behind. We would love to be able to advise you to be at peace with all of your family, but it is simply not possible to like everyone and sometimes there are family members you just don’t see eye to eye with. Don’t worry, we also have them. But it doesn’t matter for ones who don’t have a claim on your estate under the Succession Act 2006 (NSW). The problem in Angius was that there were so many moving parts with several previous litigious matters between the family members, a separation, multiple jointly owned properties, lots of cash, and a flair for the dramatic.
So, some things to consider and learn from Le v Angius; Angius v Angius are:
- Adequately provide for eligible persons – you can’t provide for everyone or plan for everything, but ensure you provide adequately for your children, spouse, or any dependent person. If any of those people have circumstances which would ordinarily require additional provision such as a disability, ensure you have accounted for that or sought legal advice;
- Legal advice is key – complex estates require considered and comprehensive advice to ensure that you understand the possibilities of not making provisions for people (such as a de facto partner after a divorce) and the claims they might make. Even disinheriting a child who is estranged or no longer speaks to you doesn’t mean they won’t appear when there’s money or property to claim;
- Communicate your wishes – while it can be hard to talk about our inevitable passing and what we want from our family members when that happens, it is necessary and can sometimes help those left behind in dealing with your estate. While it may not prevent someone from making a family provision claim, it will give people an opportunity to voice their concerns (hopefully respectfully) and acknowledge your wishes.
- Know your rights – If you are someone who may have a claim on an estate, don’t sit on your hands and hope you might be provided for when no provision has been made for you. Often we have clients who say they weren’t left anything by a spouse or partner and never thought to make a claim. You should call us if you believe you may be eligible to make a claim and we can chat to you about your rights and eligibility. There are strict deadlines in which to lodge a claim, so this isn’t something to wait on before getting advice.
- Update your will – your circumstances will change constantly in your life. You may get married or divorced, have children who will then have children, buy or sell properties, start a business, start a self-managed superannuation fund or any other number of other life milestones. Keeping your will updated is important to ensure you don’t leave anything for people to fight over or that could be missed and lost. Contact us today if you need to update your will and we can help decide whether your existing will is adequate.
Overall, while it is fun to see these cases in court and it can sometimes feel a bit like a TV drama, it is ultimately someone’s pain and if you haven’t done anything to ensure your loved ones are adequately taken care of after you pass away, it could be your family in a similar situation. Get in touch today to discuss how we can help you assess your estate planning and ensure ease for your family when you pass away.
