Under the 1997 amendments to Part IV of the Administration and Probate Act 1958 (Vic), a niece by marriage who had a relationship with the deceased akin to that of mother and daughter may establish that the deceased had a responsibility to make provision for her proper maintenance and support. The court will not adopt an a priori approach based on relationship category; all facts must be examined. Where the applicant is in dire financial need, the deceased was aware of that need, and the estate is substantial with no competing claims, a substantial legacy (here $700,000 from a $1.2 million estate) may be ordered.
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