The discretion to extend time for testator's family maintenance applications under s 99 of the Administration and Probate Act 1958 (Vic) is not confined by rigid rules, and there is no requirement in every case that delay be satisfactorily explained. The absence of a satisfactory explanation will be decisive in some circumstances but not others. When assessing whether an applicant has an arguable case, the threshold is that the case must be shown to be hopeless before this factor alone can determine the application.
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