The word 'responsibility' in s 91(1) of the Administration and Probate Act 1958 (Vic) connotes a moral responsibility, and reference to the deceased's 'moral duty' as a compendious description of the statutory criteria in s 91(4)(e)-(p) is not erroneous. However, in light of the exhaustive statutory criteria, it may be neither necessary nor helpful for trial judges to refer to 'moral duty'. The threshold question must be determined by careful application of each of the criteria in s 91(4)(e)-(p). Adoption of a child out of the family does not of itself prevent a claim, but the circumstances of the adoption and subsequent relationship are highly relevant to whether the deceased had responsibility to make provision.
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