The case provides a comprehensive restatement of the two-stage process for family provision claims under the Succession Act 2006 (NSW), confirming that principles developed under the former Family Provision Act 1982 continue to apply. Where a de facto spouse has a strong claim and the estate is modest, adult children with stronger financial resources may fail to satisfy the jurisdictional threshold. Reliance on incorrect legal advice that no claim could be made, followed by prompt action upon receiving correct advice, constitutes sufficient cause for extension of time under s 58(2). The court will not fashion family provision orders to make them proof against the creditors of a bankrupt applicant.
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