Vigolo v Bostin

Testator's family maintenance – Adequate provision for proper maintenance - Application by son of deceased - From 1973 to 1993 appellant made substantial contribution to deceased's family farming business - Deceased promised appellant that he would inherit family farm in return for his work in building up family assets - In 1993 relationship between appellant and deceased broke down - As a consequence parties entered Deed of Settlement to rearrange family affairs including ownership of family farm, which was purchased by the appellant and his wife - Deceased's will made no provision for the appellant - Jurisdictional question - Whether appellant left without adequate provision for his maintenance, education or advancement in life - Effect of Deed of Settlement on totality of relationship - Relevance of moral duty criterion.

Words and phrases – "adequate provision from his estate for the proper maintenance, support, education or advancement in life" - "moral duty".

Inheritance (Family and Dependants Provision) Act 1972 (WA) – s 6.