The strength of a Part IV claim is a relevant and important factor on an application for extension of time under s.99 of the Administration and Probate Act 1958 (Vic), contrary to earlier authority suggesting otherwise. Where the relationship between the deceased and the applicant is contractual and the contract provides for the contingency of the deceased failing to make testamentary provision, no moral obligation arises and the claim will be improbable of success. The 1997 amendments expanding standing to non-family members did not alter the requirement to establish a moral obligation and claim on the bounty of the deceased.
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