Scott v Scott

• 1. Succession
  2. › Family provision
  3. › Claim by adult child
  4. › Adequate provision for proper advancement in life
  5. › Whether 2019 will made adequate provision
  6. › Weight to be given to testator's testamentary judgment
  7. › Whether testamentary statement reflected fair and considered judgment or was product of manipulation
  8. › Succession Act 2006 (NSW), ss 59(1)(c), 59(2), 60(2)
• 1. Succession
  2. › Family provision
  3. › Claim by adult child
  4. › Moral obligation arising from mirror wills and expectations of inheritance
  5. › Whether inference available that claimant influenced by understanding she would receive share of property
  6. › Succession Act 2006 (NSW), s 60(2)
• 1. Appeal
  2. › Standard of appellate review
  3. › Family provision orders
  4. › Evaluative determination under s 59(1)(c)
  5. › Whether House v The King standard applies rather than Warren v Coombes correctness standard
• 1. Evidence
  2. › Rule in Browne v Dunn
  3. › Whether party given adequate notice of allegations
  4. › Whether findings of manipulation open where allegations foreshadowed in affidavits and put in cross-examination

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