A mere right of residence, even coupled with a deed providing for expenses, may be inadequate provision for a widow under the Family Provision Act 1982 (NSW) where the relationship between the widow and the executors has broken down, particularly in a large estate where the widow's claim is strong. The absence of an explicit two-stage analysis does not vitiate the exercise of discretion where the correct questions were asked and answered. Where an estate exceeds $10 million, the Court may take a liberal view of what is 'adequate' and 'proper' provision.
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