Robinson v Robinson (2020) NSWCA 4

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Robinson v Robinson [2020] NSWCA 4
Court of Appeal of New South Wales
Meagher, Ward & Gleeson JJA
Wills and estates – succession – family provision – primary judge, under s95 Succession Act 2006 (NSW) (Succession Act), ‘approved releases’ concerning ‘any further claim’ by appellant ‘for provision or maintenance’ from deceased’s estate or notional estate, and future claim from mother’s estate or notional estate – appellant gave releases in Deed of Release – appellant sought to appeal on basis primary judge had not taken circumstances in s95(4) Succession Act into account in determining application for releases’ approval – whether ‘inadequate evidence’ – whether ‘lack of consideration of particular matters’ – whether provision to advantage of appellant – whether provision ‘fair and reasonable’ – whether provision ‘prudent’ – ‘independent advice’ – mother’s capacity – mother’s ‘non-joinder’ to proceedings – factors in s95(4) Succession Act – change of position – estoppel – waiver – whether to grant appellant leave to raise additional appeal ground and adduce evidence in relation to it – held: appeal dismissed.
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