The two-stage test from Singer v Berghouse applies to family provision claims under s 59 of the Succession Act 2006: the court must first determine whether provision is inadequate for the applicant's proper maintenance, education and advancement in life, and if so, whether provision ought to be made. The pre-requisite finding of inadequacy is pivotal to the restraint courts must exercise in refraining from interfering with the intestacy regime beyond what is necessary. Applicants for provision must make full and frank disclosure of their financial circumstances. Where multiple competing claims exist, allocation of percentages of the estate balance (rather than fixed sums) may accommodate uncertainty about the total value of the estate.
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