When determining whether adequate provision has been made under family provision legislation, the court must consider the moral claim of the applicant on the estate, the size of the estate, and the competing claims of all beneficiaries — it is not sufficient merely to assess the applicant's financial position in isolation. Where a testatrix has preferred the interests of siblings and charities over her own children without evidence of any moral claim by those beneficiaries, this bespeaks an absence of proper consideration of moral duty to the children. In family provision cases, the general rule as to costs is that no order is made against an unsuccessful applicant, and a reasonable application founded on a moral claim may warrant costs being paid from the estate.
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