Family Provision claims are the double-edged sword of estate law. On one hand, they provide a valuable tool to ensure a deceased person’s loved ones are properly provided for while on the other, they provide a mechanism for people to claim more than their fair share and deplete the deceased’s estate in the process.
The case of Broadus v Cradduck [2025] NSWSC 402 (“Broadus v Cradduck”) provides a contemporary example of how the Court will interpret family provision claims made by adult grandchildren of a deceased person who was not provided for under the will admitted to probate. It also shows the Court’s capability to distinguish the two edges of the sword and come down hard on those attempting to wield the wrong edge. [...]