The Court held that 'estrangement' should be banished from the family provision lexicon as a freestanding consideration and replaced with the neutral expression 'lack of contact', which falls within ss 60(2)(m) and (p) of the Succession Act 2006 (NSW); only the most egregious conduct will impact the discretionary exercise. On the facts, the Court ordered provision of the greater of $300,000 or 60% of the residue for an adult child living modestly but self-sufficiently overseas, where the residuary beneficiary was a charity with which the deceased had no lifetime connection but a longstanding testamentary intention to benefit. The Court adopted a formula-based order to preserve proportionality between the applicant and the charity in the event the estate's real property sold for more or less than expected.
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