Where there is a tension between Court of Appeal decisions on the construction of ss 59-60 of the Succession Act 2006 (NSW), a trial judge is bound to follow the later decision in Andrew v Andrew rather than Keep v Bourke. The question whether adequate provision has been made for an adult child depends on the applicant's overall financial position and circumstances, not a precise analysis of claimed specific needs. The deceased's expressed wish to retain the family home does not outweigh the considerations supporting a family provision order.
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