A bequest of a minority interest in real property that is insufficient to enable the beneficiary to force a sale under s 126 of the Property Law Act 1969 (WA) may be found to be inadequate provision for proper maintenance under s 6 of the Inheritance (Family and Dependants Provision) Act 1972 (WA), because the interest is effectively unrealisable. The role of a primary carer over many decades is a significant factor in assessing the appropriateness of a larger bequest to that carer, but does not justify leaving other children with only token or unrealisable interests.
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