Under the amended Part IV of the Administration and Probate Act 1958 (Vic), the court must undertake a three-stage process: (1) whether the claimant is a person for whom the deceased had responsibility to make provision; (2) whether the estate distribution made adequate provision; and (3) the amount of provision to be ordered. The touchstone remains that of the wise and just testator. A mere business relationship, or one founded on acts of extraordinary generosity, will not of itself establish the deceased's responsibility; generally, a domestic relationship involving mutual commitment to an intimate personal relationship and shared life as a couple is required. The legislation's purpose is not to reward generosity but to ensure those with a duty to provide maintenance and support do so by appropriate testamentary disposition.
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