Rule 23.01(1)(a) is available to defendants in family provision proceedings commenced by Originating Motion under s 91 of the Administration and Probate Act 1958 (Vic), but summary dismissal will be appropriate only in rare cases given the breadth of the court's discretion. A grandchild is not entitled to provision merely by virtue of the grandparent-grandchild relationship, but a moral duty to make provision may arise from the totality of the circumstances including the deceased's knowledge of the grandchild, the size of the estate, the grandchild's needs, and the failure of the grandchild's parent to provide adequate support.
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