A gambling addiction, substance abuse problem, and self-harm incident do not necessarily constitute disentitling conduct under s 41(2)(c) of the Succession Act 1981 (Qld) where the applicant's behaviour is understood in the context of emotional problems and addiction. The size of a large estate remains a compelling factor in the jurisdictional question, and the very qualities that led a testator to limit provision (inability to manage finances) may support a finding of inadequate provision. Where an applicant is genuinely attempting to overcome addiction, provision by way of capital rather than a restrictive right of occupation may be appropriate.
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