In family provision applications under the Testators Family Maintenance Act 1912 (Tas), while s 7(b) requires the court to have regard to the applicant's independent means, it is an error to structure provision so that it depends on the applicant selling her own property to make up the required capital sum, particularly where that property was gifted by the testator and provides an independent income stream. Testamentary freedom is constrained by the statutory jurisdiction and has a limited role in either stage of the family provision inquiry. A life interest in the matrimonial home may be appropriate where the relationship was of moderate duration and the testator provided a separate capital asset during the marriage.
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