A deliberate decision by an eligible person not to make a family provision claim, made with knowledge of their rights and calculated to maximise the prospect of receiving a benefit from the defendant (here, a guarantee), constitutes 'unconscionable conduct' that is a significant discretionary factor against extending time under s 16 of the Family Provision Act 1982 (NSW). Where the only available estate is notional estate, the requirement to establish 'special circumstances' under s 28(5) imposes a higher threshold than for a mere extension of time, and such circumstances are not established where the applicant made informed decisions not to claim while the defendant arranged his affairs on the footing that there was no claim. An adult child's financial difficulties arising from mismanagement of a business venture, where the deceased and defendant had already substantially assisted the child in acquiring that business, do not establish inadequate provision.
The full text is available to signed-in members, including the 41 later cases that cite this judgment.
3 of the 41 citing cases carry a classified treatment. How each court treated it is available to signed-in members.