The denial of autonomy, independence and self-determination to a beneficiary — where the entirety of an estate is placed under the control of a trustee rather than any funds being bequeathed outright — is a relevant consideration in assessing whether adequate provision has been made under s 91 of the Administration and Probate Act 1958 (Vic). A testatrix's decision to structure an estate on discretionary trust may be found to be inadequate provision where it was based on a flawed understanding of the beneficiary's condition, even where the trustee has broad discretion to apply income and capital for the beneficiary's benefit.
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