The two-stage process from Singer v Berghouse continues to apply under the Succession Act 2006 (NSW), notwithstanding the observations of Basten JA in Andrew v Andrew. Where a deceased parent creates an expectation of special testamentary provision to encourage a child's care-giving, this is a relevant factor in assessing adequacy of provision, even where the expectation falls short of an enforceable agreement. An applicant who incurs excessive legal costs due to their own conduct may be ordered to bear a portion of those costs personally, even where the conduct is partly attributable to a psychological condition.
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