An applicant's self-caused impecuniosity through drug addiction, gambling and criminal conduct does not of itself disentitle the applicant to further provision under s 91 of the Administration and Probate Act 1958 (Vic). Where the estate is of sufficient size, a wise and just testator retains a moral duty to make adequate provision even for a child whose need results from his own default. The appropriate form of provision in such cases may be a discretionary trust to protect the applicant from himself. The character and conduct relevant under s 91(4)(o) is limited to misconduct towards the testator or conduct showing the applicant's need results from his own default — but even such conduct is only one factor in the whole assessment.
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