Where the only asset of a deceased is jointly-held property that would need to be sold to fund a family provision order, the surviving spouse's security of accommodation in the matrimonial home of 30 years will ordinarily prevail over the claim of an adult child who has been provided for during the deceased's lifetime and is not destitute. The two-stage approach from [name withheld] v [name withheld] continues to apply under the Succession Act 2006 (NSW) notwithstanding the views of [name withheld] in [name withheld] v [name withheld].
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