A deceased's indirect legal power to compel a fiduciary to cause a foreign foundation to deal with its assets constitutes an 'entitlement to exercise a power to dispose of property' under s 22(4)(a) of the Family Provision Act 1982 (NSW), even though the power is one stage removed from the assets. The causal link in s 22(1)(a) does not require the deceased's act or omission to be the operative cause of property becoming held by another; it is sufficient that the act was a cause, even if not the sole cause. Conduct which diverts assets from entering the actual estate disadvantages 'the estate' within s 26(a). The question whether the deceased's power over the Foundation was practical or legal was contested, with Handley JA dissenting on this point.
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