A family provision order may take the form of an interest-free advance on the applicant's share of the estate under s 65(2)(f) of the Succession Act 2006 (NSW), repayable from the applicant's share when estate property is sold, with any shortfall constituting an absolute entitlement. This form of provision may be appropriate where the principal estate asset cannot be immediately sold and the applicant's inheritance is contingent and uncertain. The case also provides a comprehensive restatement of the principles applicable to family provision claims by adult children under the 2006 Act.
The full text is available to signed-in members, including the 73 later cases that cite this judgment.
3 of the 73 citing cases carry a classified treatment. How each court treated it is available to signed-in members.