Part IV of the Administration and Probate Act 1958 (Vic) governs family provision. Sections 90 and 90A address eligibility and applications. Under s 91, the Court considers statutory requirements including the deceased's moral duty and whether adequate provision for proper maintenance and support was made. Section 91A identifies relevant factors, including the will, reasons for its dispositions, relationships and competing circumstances. An adult child's claim requires analysis, not an assumption that every child must inherit equally.
Section 99 generally requires a family provision application within six months after the grant of probate or letters of administration. The period is not simply six months from death. The Court can extend time where appropriate, but an extension application must precede final distribution. Do not assume that a letter to the executor or a probate caveat replaces the required application or stops time.
In Vigolo v Bostin (2005) 221 CLR 191; [2005] HCA 11, the High Court dismissed an adult son's appeal in a Western Australian family provision dispute. The broader family dealings and his financial circumstances mattered. The case illustrates the contextual nature of adequate provision and moral duty. Victoria's current eligibility and statutory requirements must still be applied; the WA legislation does not govern a Victorian claim.
Obtain the will and grant details, an estate asset estimate, your financial information and a chronology of the relationship. Preserve evidence of support, contributions or promises. If the concern is capacity, pressure or execution instead, identify that separately. An early assessment can help decide whether negotiation, mediation or proceedings are proportionate to the likely benefit and costs.
Author: Hugh Zhao
Last updated: October 2026
Jurisdiction: Victoria, Australia
Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.