In Family Provision Act applications, the court must determine what provision, if any, the deceased made for each eligible person, including by way of testamentary trust arising from oral promises. Where a will makes provision for a person with a legitimate claim (such as through a trust for a child), this is a significantly different assessment from one where the will benefits a person with no legitimate claim. The broad general rule in Luciano v Rosenblum regarding a testator's duty to a surviving spouse may not apply to financially independent de facto spouses without a history of raising children or supporting the deceased.
The full text is available to signed-in members, including the 77 later cases that cite this judgment.
4 of the 77 citing cases carry a classified treatment. How each court treated it is available to signed-in members.