A testator's explanation of why particular dispositions were made is a relevant factor in family provision cases and must be given appropriate weight, though it is not determinative. There is no general requirement that adequate provision for an adult child under s 59 of the Succession Act 2006 (NSW) extends to ensuring the child has their own home; whether it does depends on all the circumstances including the competing claims on the estate. An offer of compromise under UCPR r 20.26(3) proposing judgment for the defendant with each party paying their own costs is capable of being a genuine offer of compromise. Section 99 of the Succession Act does not apply to appeals from family provision decisions.
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