An extension of time under s 99 of the Administration and Probate Act 1958 (Vic) may be granted even where the delay exceeds 22 years, where the applicant's ignorance of the full will and estate was the product of deliberate non-disclosure by executors and family members, and the applicant was unaware of her right to seek further provision. The strength of the substantive claim is a relevant factor but an arguable or even strong case is not without more a sufficient reason to extend time. Appropriation of estate assets to testamentary trusts constitutes final distribution where the assets have been put beyond recall, but the identity of executors and trustees is merely one factor in that assessment.
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