Under the Victorian family provision legislation (Administration and Probate Act 1958, s 91), a close personal companion who is not a domestic partner or blood relative, and a non-biological child treated as a son by the deceased, can establish that the deceased had a responsibility to make provision for their proper maintenance and support. The moral duty is assessed by reference to contemporary community standards and is not confined to relationships of dependency or domestic partnership. The deceased's promise to support the applicant and help care for the child, combined with the nature of the relationship and contributions to the deceased's welfare, were critical factors.
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