Where a testator dies domiciled abroad leaving immovable property in NSW, the Court has jurisdiction under the Family Provision Act 1982 (NSW) only over that immovable property, but may take into account foreign assets and foreign succession law entitlements in determining what provision to make. Provision that can only be accessed through protracted litigation in a foreign jurisdiction at prohibitive expense is not proper provision where more readily accessible assets are available. Absence of knowledge of the contents of a will, coupled with lack of education and funds, constitutes sufficient cause for extension of time under s 16 where the estate has failed to provide information about entitlements.
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