Under the amended Part IV of the Administration and Probate Act 1958 (Vic), an adult son is not required to demonstrate a 'special need' or 'special claim' as a prerequisite to obtaining further provision from a deceased parent's estate. The jurisdictional questions under ss 91(1) and 91(3) are to be determined by reference to the factors in s 91(4)(e)-(p), and the moral duty concept, while of less utility post-amendment, remains the applicable test or standard. Appellate review of the trial judge's determination of the jurisdictional questions is governed by the principles applicable to discretionary decisions.
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