In family provision claims involving large estates where the provision ordered cannot cause hardship to the person otherwise entitled, the court is not limited to assessing the applicant's needs but may look to the concept of advancement in life. An applicant's reasonable unwillingness to sell a family rural enterprise to fund their own needs is a relevant circumstance under s 7 of the Family Provision Act 1982 (NSW). The fact that provision may indirectly benefit third parties (such as family members involved in a partnership) does not preclude the order if the provision is otherwise proper.
The full text is available to signed-in members, including the 60 later cases that cite this judgment.
3 of the 60 citing cases carry a classified treatment. How each court treated it is available to signed-in members.