In family provision claims under the Family Provision Act 1982 (NSW), bare paternity alone does not preclude a successful claim. The assessment of what is 'adequate' and 'proper' under s 9 must be made by reference to objective circumstances — including circumstances not known to the deceased and events after death — not solely by reference to the deceased's moral obligations. The relevant factors are: (1) all aspects of the relationship between applicant and deceased; (2) the applicant's needs; (3) the size and nature of the estate; and (4) other legitimate claims on the estate. A sperm donor is excluded from the concept of 'bare paternity'.
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