Absent special circumstances, generosity by a grandparent to a grandchild, including payment of school fees, does not give the grandchild an entitlement to share in the grandparent's estate. Family provision applicants must adduce adequate financial evidence to enable the evaluative process required by s 59(1)(c) of the Succession Act 2006 (NSW), including evidence of the applicant's financial needs and the effect of any order on the defendant. Statements by a deceased person expressing expectations or predictions about inheritance do not constitute clear and unequivocal representations sufficient to found an estoppel.
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