A memorandum of wishes executed by a testator, while not legally binding on the trustee, is of paramount significance in family provision proceedings in assessing both the adequacy of provision and what provision ought to be made, as it represents the testator's considered judgment of what is proper provision. Where the testator has expressed wishes for the applicant's benefit despite knowledge of the applicant's misconduct, the question is not whether the conduct justifies the provision made, but whether it is so reprehensible as to deny the applicant what the testator intended. A Crisp order (portable life interest) is appropriate where the testator wished the applicant to have the benefit of property during their lifetime while preserving capital for other beneficiaries.
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