Where an executor holds assets on trust for beneficiaries under trusts created by a will, the estate has not been 'finally distributed' within the meaning of s.99 of the Administration and Probate Act 1958 (Vic), and an application to extend time to bring a family provision claim is not statute-barred. The strength of the substantive claim is a relevant factor in the exercise of the discretion to extend time, and absent prejudice, a substantial delay and inadequate explanation should not defeat a strong claim.
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