A state of estrangement or hostility between a testator and an adult child, including absence of visits for 13 years, does not disentitle the child from family provision, particularly where the estate is large enough that the claim does not threaten the well-being of other beneficiaries and the applicant's needs are severe. An order for provision so low that it does not meaningfully change the applicant's circumstances may constitute a miscarriage of discretion at the second stage of the Singer v Berghouse inquiry, even where character and conduct are adverse.
The full text is available to signed-in members, including the 30 later cases that cite this judgment.
4 of the 30 citing cases carry a classified treatment. How each court treated it is available to signed-in members.