Occasional household supervisory tasks performed by an elder sibling at the request of a parent, where the parent retains parental responsibility, are unlikely to establish 'partial dependency' under s 57(1)(e) of the Succession Act 2006 (NSW). The standard of appellate review applicable to findings of eligibility (as distinct from the ultimate discretionary decision on provision) remains unsettled, with Leeming JA favouring Warren v Coombes over House v The King. Allegations of historic sexual abuse by a deceased may be relevant to s 59(1)(b) 'factors warranting' the application where the abuse caused disability affecting the claimant's financial needs, but such allegations cannot be treated as a substitute for a damages claim.
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