Application for provision from estate — breach of moral duty — Family Protection Act 1955, s 3(1)(b) — Vincent v Lewis [2006] NZFLR 812 (HC) — Williams v Aucutt [2000] 2 NZLR 479 (CA). An application for provision from the estate of the deceased was granted as the will-maker, who was the father of the applicant, had a moral duty to provide for the applicant and had not done so. The absence of any provision under the will was a clear breach of moral duty on a family recognition basis, and on an adequacy basis as the applicant had a clearly demonstrated financial need. Leading case law was set out regarding the appropriate test and extent to which the Court should modify a will following breach of moral duty. On the facts of this case it was appropriate that the entire estate be paid to the applicant. As a result of the Public Trust's conduct the Judge also ordered full accounting of estate funds at the date of the will-maker's death and the basis for any costs deducted. Further submissions were requested regarding potential refund to the applicant of costs taken to date in the administration of the estate. Judgment Date: 4 October 2016.