Where a testator has given due consideration to the competing claims on the estate, considerable weight should be given to the testator's assessment of what provision is proper, in recognition that the testator is better placed than the court to make that judgment. An early inheritance received by an applicant, understood by all family members as such, is a fundamental competing claim that cannot be reduced to merely one factor among many. Financial need alone does not establish that provision is inadequate for proper maintenance and advancement in life under s 59 of the Succession Act 2006 (NSW).
The full text is available to signed-in members, including the 154 later cases that cite this judgment.
15 of the 154 citing cases carry a classified treatment. How each court treated it is available to signed-in members.