A former spouse of a deceased person cannot satisfy s 59(1)(b) of the Succession Act 2006 (NSW) simply by relying on the existence of the marriage and unmet financial needs, even where the estate is large. The size of the estate and the financial need of the applicant are relevant to whether adequate provision has been made (s 59(1)(c)) but are not factors warranting the making of the application (s 59(1)(b)). A final property settlement in the Family Court, while not an absolute bar, is in most cases likely to terminate any obligation on the deceased to make testamentary provision for the former spouse. Psychiatric evidence relied upon to establish a causal link between the deceased's conduct and the applicant's current circumstances must be current and must address the specific conduct and motivation in question.
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