Estrangement between a parent and child does not automatically restrain the amplitude of provision under the Family Provision Act 1982 (NSW); there is no rule that estrangement precludes ample provision irrespective of need, the size of the estate, and the existence or absence of other claims. Substantial inter vivos gifts to a competing beneficiary significantly mitigate that beneficiary's claim on the estate and diminish the weight to be given to the testator's wishes. An executor's failure to place all relevant financial evidence before the court may increase the successful applicant's costs and defeat a cost-capping application.
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