After-acquired property — property acquired by the deceased after the end of a de facto relationship — is not excluded from the scope of proceedings under the Family Law Act 1975 (Cth), and accordingly a former domestic partner is not precluded from being an 'eligible person' under s 90(e) of the Administration and Probate Act 1958 (Vic) merely because the estate's principal asset was acquired post-separation. The eligibility test under s 90(e) asks whether the person 'would have been able' to take proceedings, not whether they would have succeeded or whether they chose not to act on legal advice. Receipt of a single person's pension and intermittent cohabitation do not preclude a finding of genuine domestic partnership where corroborative evidence supports the relationship's existence.
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