A pre-nuptial agreement, while it cannot oust the court's jurisdiction under family provision legislation, is a relevant and potentially significant factor in assessing whether adequate provision has been made for proper maintenance and support, as part of the 'totality of the relationship' between the applicant and the deceased. In assessing prospects of success on an application for extension of time under s 41(8), the court must consider all relevant circumstances including the deceased's wishes, pre-nuptial agreements, and competing claims on the estate — not merely the applicant's needs. The mere fact that an applicant demonstrates an arguable case does not provide sufficient reason for granting an extension of time; limitation periods catch good and bad claims alike.
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