Under the amended Part IV of the Administration and Probate Act 1958 (Vic), the wise and just testator test and moral duty concept remain applicable, and a three-stage process governs applications: (1) whether the deceased had responsibility to provide; (2) whether adequate provision was made; (3) what provision should be ordered. Adult sons are no longer required to demonstrate a 'special need' or 'special claim' as a threshold requirement, though the practical effect of this change is unlikely to be great. A testamentary statement of reasons under s 94(c) does not immunise inadequate provision from curial redress and need not be accepted as establishing the truth of what is asserted. A determinable life estate without supporting capital may be inadequate provision for a permanently incapacitated beneficiary.
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