The civil standard of proof for fraud inferred from circumstantial evidence requires only that the circumstances raise a more probable inference in favour of what is alleged (Bradshaw), not that reasonable hypotheses consistent with innocence be excluded (Plomp). The mere fact of estrangement between parent and child should not ordinarily result, on its own, in the child failing to satisfy the jurisdictional requirement under the Family Provision Act 1982 (NSW). The totality of the relationship must be considered, including the parent's conduct contributing to the estrangement and the parent's generosity or parsimony in providing financial support.
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