Financial need under s 91 of the Administration and Probate Act 1958 (Vic) (as it stood before 2015 amendments) is a relative concept assessed in light of all circumstances including the size of the estate, not by looking in isolation at the claimant's asset base. An adult child with assets exceeding $5 million may still establish inadequate provision where the estate is approximately $6 million and the claimant has significant ongoing needs arising from sexual abuse. Promises of equal treatment made during the testator's lifetime, particularly where linked to the claimant's silence about abuse, significantly colour and enhance the testator's moral responsibility. However, the Victorian Act (as it stood) required establishment of financial need, unlike provisions in other jurisdictions referring to 'advancement in life'.
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