Under s 6(1) of the Family Provision Act 1972 (WA), a court exercising the discretion at the second stage must determine what provision is adequate for the claimant's 'proper' maintenance, support and advancement in life — not merely what is 'adequate' for the claimant's maintenance. The word 'proper' requires evaluation of the competing claims of other beneficiaries, the size of the estate, and all circumstances. A failure to distinguish between 'adequate' and 'proper', or to evaluate competing claims before determining provision, constitutes a miscarriage of discretion. There is no presumption that a surviving spouse is entitled to remain in the matrimonial home; each case must be decided on its merits.
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