A clause in a will explaining reasons for not making provision for a beneficiary is not to be construed as a dispositive provision waiving repayment of funds or constituting an advance on inheritance. Unauthorised withdrawal of funds from a deceased's bank account does not constitute 'dependence' on the deceased for the purposes of eligibility under s 57(1)(d) of the Succession Act 2006 (NSW). The principles applicable to family provision claims by adult children are comprehensively restated, including the relevance of the applicant's conduct in withdrawing funds without authority as a factor reducing but not extinguishing the obligation to make provision.
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