Szypica v O'Beirne

• 1. Succession
  2. › Family provision and maintenance
  3. › Application by adult child
  4. › Whether adequate provision made by will
  5. › Unequal legacies to siblings
  6. › Relevance of applicant's disability and inability to work
  7. › What provision ought to be made
  8. › Succession Act 2006 (NSW), s 59
• 1. Succession
  2. › Family provision and maintenance
  3. › Extension of time
  4. › Whether sufficient cause shown
  5. › Delay of 17 days
  6. › Applicant's cognitive disability causing delay in obtaining instructions
  7. › Succession Act 2006 (NSW), s 58(2)
• 1. Succession
  2. › Family provision and maintenance
  3. › Applicable test
  4. › Whether two-stage test in Singer v Berghouse (No 2) remains applicable under Succession Act 2006 (NSW)
  5. › Succession Act 2006 (NSW), s 59
• 1. Evidence
  2. › Failure to call witness
  3. › Jones v Dunkel inference
  4. › Spouse of applicant present but not called to give evidence
  5. › Adverse inferences drawn on financial matters

Quick Take