A family provision claim under s 41(1) of the Succession Act 1981 (Qld) does not abate on the death of the applicant before final orders are drawn up, provided the claim was filed in court before the applicant's death. The statutory right is an equitable right vested by statute, transmissible to the applicant's personal representative under s 66 of the Act. On costs, rejection of a reasonable Calderbank offer in family provision proceedings may result in adverse costs orders, but the court retains discretion to adjust contributions where the respondent executors have engaged in over-zealous or unnecessary conduct. Claims with no reasonable prospects of success may attract orders that the unsuccessful applicant pay the respondents' costs.
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