Cooper v Atkin

The case of *Cooper v Atkin* concerned a claim for provision from the estate of a deceased person brought by an adult step-child under Chapter 3 of the *Succession Act 2006* (NSW). The primary judge had declined to make an order for provision in favour of the applicant. The appeal to the Court of Appeal of New South Wales was on the basis that the primary judge had not made an order for provision due to alleged disentitling conduct by the applicant.

The central legal issue before the Court of Appeal was whether the primary judge erred in finding that the applicant's conduct disentitled them to provision from the deceased's estate. This involved an assessment of the nature and significance of the applicant's conduct in the context of the statutory requirements for family provision claims.

The Court of Appeal, comprising Payne and McCallum JJA, refused leave to appeal. The court dismissed the applicant's notice of motion filed on 3 May 2021. The applicant was ordered to pay the respondents' costs.