An eligible person under s 57(1)(e) of the Succession Act 2006 (NSW) must establish factors which, when added to the facts rendering them eligible, give them the status of a person who would be generally regarded as a natural object of testamentary recognition by the deceased. A claimant's subjective view of their relationship with the deceased is relevant but not determinative. Where a deceased acted as a family patriarch assisting many extended family members, the claimant must demonstrate that their relationship was exceptional compared to other family members. Brown v Faggoter's formulation that factors warranting is satisfied if the application has 'reasonable prospects of success' should not be followed. Owners of property proposed to be designated as notional estate must be joined as parties to family provision proceedings.
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