Where a de facto relationship has subsisted for a long period, the evidentiary focus shifts from establishing the relationship's existence to establishing its cessation, and a stronger inference of continuance can be drawn from continued cohabitation. Executors who are also beneficiaries and who vigorously oppose family provision claims in their own personal interest using estate funds may not be entitled to indemnity from the estate for litigation costs, particularly where the effect of such expenditure would defeat the applicant's claim. Estrangement between a testator and an applicant child does not constitute disentitling conduct under s 41(2)(c) of the Succession Act 1981 (Qld) where the estrangement was principally caused by the testator's own unreasonable conduct.
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