Page v Page

The appeal concerned a family provision claim brought by the younger brother of the deceased, who sought provision from the deceased's estate. The primary judge had dismissed the claim, and the brother appealed to the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the appellant was "partly dependent" on the deceased within the meaning of s 57(1)(e) of the *Succession Act 2006* (NSW), and whether the primary judge had erred in finding that there were no factors warranting the making of the application for the purposes of s 59(1)(b) of the *Succession Act 2006* (NSW). A further issue was whether allegations of historic sexual abuse by the deceased against the appellant could constitute a factor warranting the application.

The Court of Appeal considered the appellant's submissions regarding his alleged partial dependency and the relevance of the historic abuse allegations. The court ultimately found no error in the primary judge's determination that the appellant had not established the necessary criteria for a family provision claim under the *Succession Act 2006* (NSW). The court's reasoning focused on the statutory requirements for dependency and the factors that warrant the making of an application, concluding that these had not been met.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.