The two-stage approach from Singer v Berghouse continues to apply under the Succession Act 2006 (NSW), notwithstanding the different views expressed in Andrew v Andrew. Where an adult child with serious health conditions and no earning capacity is left nothing under a Will, a modest lump sum provision may be ordered even where the child has some assets, including a home and shares. The presumption of a purchase money resulting trust applies to shares held in joint names where one party paid the entire purchase price and did not intend to gift any interest.
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