Where a man with children from an earlier marriage leaves his entire estate to his second wife, and upon the second wife's death there is a surplus in her estate, the amount left by the father to the second wife is a relevant consideration in determining whether the second wife had a responsibility to provide for the children of the first marriage under Part IV of the Administration and Probate Act 1958 (Vic). The relationship between a stepparent and stepchild may be found tantamount to parent and child where the stepparent was the only parental figure the child knew, giving rise to obligations equivalent to those owed to a natural child. An annuity that might prejudice pension entitlements or a life interest that would excessively transgress freedom of testation may be less appropriate than a lump sum for housing.
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