Section 59 of the Succession Act 2006 (NSW) is to be applied according to its terms and not confined by notions of reluctance to interfere with testamentary freedom; an annuity payable as a personal obligation by beneficiaries is generally not appropriate provision for a capable widow, being rigid, paternalistic, demeaning and controlling; and adequate provision for proper maintenance is not limited to financial necessities but requires a standard appropriate to all the circumstances including the applicant's contributions and the totality of the relationship.
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