The case confirms that a family provision claim by a non-family member who had a domestic relationship with the deceased may be assessed on a basis broadly similar to an adult child claim, where the nature and duration of the relationship justifies that analogy. The dissent provides a detailed framework for how testamentary freedom, the testator's moral obligations, and the applicant's existing financial resources (including inheritance from the applicant's own parent) should be weighed in assessing what is 'proper' provision. The case also highlights that the ACT's eligibility regime for family provision claims is significantly broader than any other Australian jurisdiction.
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