A testator's transfer of assets to a surviving spouse during lifetime, on the understanding that the spouse will provide for a stepchild in her will, does not discharge the testator's responsibility under s 91 of the Administration and Probate Act 1958 (Vic) to make provision for the stepchild in his own will, particularly where the timing of any inheritance under the spouse's will is uncertain and the stepchild is in urgent present need. Financial mismanagement by the applicant and her spouse is a relevant factor but does not relieve the testator of moral responsibility; it is relevant to the amount and framing of any order. The court may impose trust and restraint conditions under s 96 to protect a financially vulnerable applicant.
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