Conscious misuse of the deceased's position of special disadvantage, and substantial financial benefits already received, may defeat the threshold requirement of 'factors warranting' the application under s 59(1)(b) of the Succession Act 2006 (NSW) for family provision claimants who are members of a deceased's household.
The full text is available to signed-in members, including the 169 later cases that cite this judgment.
3 of the 169 citing cases carry a classified treatment. How each court treated it is available to signed-in members.