Where a joint tenant has made substantial financial contributions to the acquisition and improvement of property over decades, and the joint tenancy reflects a longstanding family arrangement about beneficial ownership, the court will place very high — and potentially decisive — significance on not interfering with those reasonable expectations under s 87 of the Succession Act 2006 (NSW), even where the applicant for family provision has limited financial resources. An adult child on a disability pension with modest surplus income and minimal assets may not establish inadequate provision where the estate is very small and the only substantial asset is property to which another beneficiary has a strong economic and moral claim.
The full text is available to signed-in members, including the 1 later case that cites this judgment.