Statements by a parent about future testamentary disposition of the family home, made in the context of family life and pooling of wages, do not amount to sufficiently clear and unequivocal representations for proprietary estoppel where they are consistent with statements of then-current intention rather than binding assurances. Adequacy of provision under s 9(2) of the Family Provision Act 1982 (NSW) is assessed at the date of hearing, not the date of death, so that a change in the applicant's circumstances (such as a workplace injury) occurring close to the date of death may be taken into account.
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