Expectations arising from representations made by a deceased during settlement of family disputes are properly taken into account under s 60(2)(a) and (b) of the Succession Act 2006 (NSW) as aspects of the family relationship and obligations owed by the deceased. The statement in Luciano v Rosenblum as to the duty of a testator to his widow does not establish an independent legal standard and should not deflect the court from the full balancing exercise required by s 60. Contributions by children in foregoing entitlements in favour of a parent do not constitute an absolute defence to a later family provision claim.
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