Cohabitation in a de facto relationship, even for a substantial period, does not of itself impose an obligation on the first to die to make provision for the survivor; additional circumstances establishing responsibility must be shown. Under the amended s 91(4)(o) of the Administration and Probate Act 1958 (Vic), character and conduct is not confined to disentitling conduct but is a broader factor in the jurisdictional and discretionary assessment. Where an applicant's credibility is adversely affected by retrospective alteration of partnership accounts and omission of the deceased's financial contributions, the court will scrutinise the evidence with care but may still grant provision if the conduct does not amount to fraud.
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