An appellate court will not interfere with a trial judge's assessment of quantum in a testator's family maintenance claim under s.91 of the Administration and Probate Act 1958 (Vic) unless the appellant demonstrates specific error or that the discretion was clearly wrong. The manner in which a testatrix treated or regarded the applicant during her lifetime cannot be relied upon to justify a reduction in the provision ordered. The trial judge's assessment of quantum involves an 'instinctive synthesis' of relevant factors, and the appellate court will not substitute its own view.
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