In family provision claims by de facto widows, the court must weigh the widow's need for secure independent accommodation against the interests of all beneficiaries, including non-eligible dependants such as grandchildren whose legacies may bear the burden of additional provision. A trial judge's discretion will miscarry if legacies to non-eligible dependants are overlooked when assessing the estate's capacity. A Crisp order for a flexible life estate cannot be made on appeal if the issue was not litigated at trial. The court has express power under UCPR Pt 42.4(1) to cap recoverable party-party costs of its own motion.
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