The amended s.91 of the Administration and Probate Act 1958 (Vic) extends standing to grandchildren and other persons for whom the deceased had responsibility to make provision, but generous lifetime gifts and a warm grandparent-grandchild relationship alone are insufficient to establish that the deceased had a responsibility to make provision or that the distribution is inadequate. Applicants seeking an extension of time under s.99 must demonstrate at least an arguable case under the s.91(4)(e)-(p) criteria before the court will excuse a solicitor's oversight of the time limit. Executors are entitled to distribute the estate in accordance with the will after the s.99 limitation period expires without an application having been filed.
The full text is available to signed-in members, including the 25 later cases that cite this judgment.
5 of the 25 citing cases carry a classified treatment. How each court treated it is available to signed-in members.