Non-family members seeking provision under s 91 of the Administration and Probate Act 1958 (Vic) must demonstrate rare and exceptional circumstances, and the inquiry focuses on whether the relationship with the deceased had a material resemblance to a family relationship from which notions of moral duty are commonly derived. A claimant who assumed a quasi-parental role and provided extraordinary care and devotion may succeed even where not in financial need, but the quantum of provision will be moderated by the claimant's financial position and competing claims on the estate.
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