A family provision applicant must present cogent evidence of their financial situation, at least in broad outline covering the whole picture, before the court can be satisfied the jurisdictional threshold of being left without adequate provision is met. Unsatisfactory or incomplete evidence of income and expenditure will be fatal to the claim even where some elements of need (such as absence of real estate and family responsibilities) are established. An unsuccessful family provision applicant may nonetheless have costs paid from the estate in the court's discretion.
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