A deed executed between a de facto partner and the deceased in which the partner agreed to make no claim on the deceased's estate is admissible and relevant to the assessment of the totality of the relationship for the purposes of the jurisdictional question under s 41 of the Succession Act 1981 (Qld), even though the court cannot give effect to an attempt to contract out of making a family provision application. The relationship proceeded on the assumption that the deed would be honoured, and this was a legitimate factor in assessing whether the will made adequate provision.
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