An adult child who has received substantial financial provision during the parents' lifetimes but has subsequently lost everything through failed business ventures is not thereby disentitled from family provision, where the child's needs at the date of death are considerable and the favoured beneficiary is relatively wealthy. Lack of contact with the testatrix for the last seven years of her life is relevant to the quantum of provision but does not defeat the claim. The court applied the 'just and wise parent' test from Bosch v Perpetual Trustee Coy Ltd, finding that a just and wise mother would have thought it her moral duty to provide for the applicant.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.