Case summary: Curtis v Curtis [2024] NSWCA 136 – The challenges of contesting a will in NSW

In a recent NSW Court of Appeal decision in Curtis v Curtis ¹ the court (Leeming JA, Mitchelmore JA and Basten AJA agreeing) overturned a previous judgment that granted family provision orders to two grandsons from their grandfather's estate. The case sheds light on significant aspects of succession law and the challenges of contesting a will in New South Wales (NSW).

Background

The executor of the will was the deceased's brother, Peter Curtis.

The grandsons, Blake Curtis and Brock Curtis, both in their early 30s at the time of the application, were brothers. Their grandfather, Barry Curtis, died on January 11, 2022, leaving a will in which he bequeathed his entire estate to his surviving child, Rodney Curtis. The estate comprised Barry's home in West Ballina and a small sum of money (approximately $20,000.00).