Where a deceased has made representations about inheritance and the claimant has relied to their detriment, the requirements of conscionable behaviour informing equitable estoppel are closely analogous to the 'moral duty' concept under the Family Provision Act, and findings on estoppel are highly relevant to determining proper provision. In proprietary estoppel cases, the prima facie entitlement favours satisfaction of the expectation unless disproportionate. A s 41A administrator who obtains a grant to prosecute a claim against the estate is not entitled to indemnity costs on the conventional executor/defendant basis.
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