The amendments to s.91 of the Administration and Probate Act 1958 (Vic) expanding the class of eligible applicants beyond family members did not alter the fundamental requirement that the testator must have breached a moral duty to the applicant. A caretaker arrangement based on friendship and mutual convenience, where the applicant received rent-free accommodation in exchange for caretaking services, does not establish dependency or maintenance sufficient to ground a moral duty. The statutory criteria in s.91(4)(e)-(p) must each be addressed, and the concept of being 'partly maintained' requires more than co-operative living arrangements.
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