In family provision claims by stepchildren under s 41(1) of the Succession Act 1981 (Qld), the more exiguous and distant the familial relationship between the deceased and the claimant, the greater must be the claimant's need for maintenance or support to enliven the jurisdiction. Where a natural parent deliberately segregated assets to provide separately for children and spouse, and the stepchildren received distributions from the natural parent's estate, the moral claim on the step-parent's estate is correspondingly diminished. Unsuccessful family provision claimants who appeal on insignificant factual grounds may be ordered to pay costs personally rather than from the estate.
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