The judgment sets out a detailed 11-step framework for determining family provision applications under ss 59 and 60 of the Succession Act 2006 (NSW), expanding on Barrett JA's approach in Andrew v Andrew. Where competing claims exist between adult siblings, the relative severity of their circumstances (including mental illness, employability and housing needs) is the cardinal consideration in determining quantum. The unresolved debate about whether the statutory determination involves a one-stage or two-stage process does not affect the outcome where the statutory language is applied directly to the facts.
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