Daniel Giansiracusa and Kelly Giansiracusa locked in bitter legal battle over a family will

Former Western Bulldogs player Daniel Giansiracusa and his wife Kelly have launched Supreme Court action over a multimillion dollar will.

Daniel and Kelly Giansiracusa are suing over a will dispute. Picture: Julie Kiriacoudis

Former AFL star Daniel Giansiracusa and his wife Kelly are entwined in a bitter court dispute after they were accused of being lavish over-spenders in a family will.

Kelly Giansiracusa’s father Peter died with a personal estate valued at $6m, but left control and a far greater chunk of the assets to another daughter.

The former Western Bulldogs glamour couple have now launched Supreme Court action over the will, made just seven days before Peter John Tisdale died in March 2021.

In his will, Mr Tisdale wrote he had “serious concerns about the spending habits of my daughter Kelly Giansiracusa and her husband”.

The former Western Bulldogs glamour couple have taken their case to the Supreme Court.

“My estate is significant and it is my desire to help preserve the wealth I have accumulated for the benefit of my children, grandchildren and future generations,” his will said.

“However I believe that if my daughter Kelly Giansiracusa was to receive more funds from my estate than what she is entitled to … then such funds would be dissipated quickly and be used either solely or predominantly to fund the luxurious lifestyle of her and her husband.”

Mr Tisdale claimed he had not spoken to his daughter for six months and had gifted her “significant sums of money” over his lifetime, which meant he had already provided adequate provision to her.

Ms Giansiracusa and her stepsister did each receive $50,000 a year for 20 years from a trust set up by their father.

Daniel Giansiracusa in his playing days at the Western Bulldogs. Picture: AAP

But their sister Renee Joy Todaro was bequeathed that as well as Mr Tisdale’s Narre Warren home, all his superannuation and a property in Melbourne’s outer southeast.

Ms Todaro was also named executor of the estate and Algefree Pty Ltd, the trustee of the Peter Tisdale Superannuation Fund.

The position entitled Ms Todaro to retain control over a trust — separate to the $6m personal estate — which contained a Clyde North parcel of land valued at between $10.2-$12.75m.

The legal fight is over the Clyde North land, which the Giansiracusa’s claim they part-own.

This parcel of land in Clyde North is being fought over in the dispute. Picture: Andrew Henshaw

The writ alleges the couple sold their Kew East family home to contribute $400,000 towards the purchase of the property in 2011.

The Giansiracusas claim that was done as part of an agreement with Mr Tisdale which would ultimately see them reap a third of the profits of the future sale of the land.

Ms Todaro and her husband were also part of the deal and paid the same amount for the purchase, court documents showed.

But the Giansiracusa’s claim that unknown to them, Mr Tisdale listed the Clyde North site — which the family had hoped to subdivide or sell to a developer — as being owned by a company called Algefree Pty Ltd, the trustee of the Peter Tisdale Superannuation Fund.

The Clyde North parcel of land is valued at between $10.2-$12.75m. Picture: Andrew Henshaw

Since his death, that company has been controlled by Ms Todaro.

Court documents claim the Giansiracusas wrote to Ms Todaro in January seeking confirmation that the land was being held by Algefree under the prior family agreement.

But when they didn’t hear back they launched legal action to protect their interests in the property.

“In breach of her fiduciary duties to the parties to the Agreement, Renee seeks to rely upon Algefree’s registered proprietorship of the land, rely upon Peter’s false statement in the Will regarding ownership of the land by Algefree as trustee of the Peter Tisdale Superannuation Fund and rely upon the Binding Death Benefit Nomination to deny Kelly and Daniel’s interest in the land, in particular their right to one third of the profit from the sale of the land,” court documents read.

Daniel and Kelly Giansiracusa pictured in 2009.

“A reasonable time for the parties to realise their respective interests in the land has now passed.

“The parties are now obliged to sell the land so that they may each realise their respective interests in the land, namely one third of the profit to each of Kelly and Daniel, Renee and Michael and Peter’s Estate.”

The Giansiracusas slapped a caveat on the property in December and are now asking the court to uphold the family agreement made in 2011.

In defence documents filed by Ms Todaro and Algefree Pty Ltd, they claim there was never an agreement to split the eventual profit three ways.

They claim instead that the plan was to repay each couple the $400,000 and 11 per cent of the profits, which was the percentage they contributed to the original purchase price.

Ms Todaro claims she has no objection to the sale of the property.

Algefree has filed a counterclaim asking that the caveat be removed.

Attempts were made to contact the Giansiracusas and lawyers for both parties.