A primary judge errs by treating a testator's 'entitlement' to exclude an estranged adult child as an operative principle requiring the applicant to justify their conduct. Estrangement is a relevant consideration in the evaluative exercise under s 59 of the Succession Act 2006 (NSW), but the inquiry should not be structured as requiring justification to displace a testamentary right. The majority questioned whether the two-stage process from Singer v Berghouse continues under the Succession Act, though this was not determinative. Barrett JA (dissenting) held the two-stage process continues and the court's task is in substance the same under the new legislation.
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