Where property claims between a former spouse and the deceased have been fully dealt with by a Family Court property settlement, and the relationship ended completely before the settlement with no subsequent relationship, the s 9(1) threshold under the Family Provision Act 1982 (NSW) will be very difficult to satisfy. An unexecuted covenant to release Family Provision Act claims, while not effective as a release, may be noted as providing some assurance that the applicant was not to look to the deceased for further provision.
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