The availability of a negligence claim against a solicitor who failed to file family provision proceedings in time is not, of itself, a ground to refuse an extension of time under s 16 of the Family Provision Act 1982 (NSW); it is merely one factor to be considered. A solicitor's inattention or incompetence being an insufficient ground to warrant extension does not mean extension must be refused where the limitation period expired through the solicitor's fault. The bond of matrimony gives rise to a testamentary obligation that does not necessarily end on separation without divorce, at least where there has been no disentitling conduct.
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