In family provision applications under s 6 of the Inheritance (Family and Dependants Provision) Act 1972 (WA), the preferable test for admission of fresh evidence after hearing but before judgment is whether the evidence is so material that the interests of justice require it, rather than whether it would 'most certainly' affect the result. A grandchild applicant may establish a moral claim through re-establishing a relationship with the testator in adulthood and providing occasional practical assistance, even where the relationship was not close during childhood. The court awarded 20% of the net estate to the grandchild where the sole beneficiary (the testator's son) had a more compelling need and stronger moral claim.
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