The two-stage test under s 8(1) of the Family Provision Act (NT) requires assessment of adequacy at the date of the testator's death (jurisdictional question) and assessment of quantum at the date of hearing. Indirect benefits to an applicant from dispositions to the applicant's children are relevant but do not preclude a claim in the absence of special circumstances. Residual beneficiaries who are not eligible claimants under the Act remain persons with legitimate claims on the estate whose interests must be considered in the exercise of discretion.
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