An adult grandchild seeking family provision must demonstrate something more than normal family relations and the deceased's generosity — the [name withheld] guidelines require factors such as the grandparent standing in loco parentis or the grandchild providing special care and affection. Unsuccessful family provision applicants should expect costs to follow the event under the general rules; the additional discretion under s 99 of the Succession Act 2006 (NSW) does not create a presumption of exemption from costs liability. Section 99 does not apply to appeal proceedings under s 101(1) of the Supreme Court Act 1970 (NSW).
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