Under the amended s 91(4) of the Administration and Probate Act 1958 (Vic), the gender of an applicant for family provision is not a relevant consideration. An adult male applicant is not required to establish a 'special claim' or 'special need' before the Court may order provision, departing from the common law position established in Pontifical Society For The Propagation Of The Faith v Scales and Hughes v National Trustees. The statutory code in s 91(4)(e)-(p) exhaustively identifies the matters to which the Court must have regard.
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