When considering extension of time applications under s 16(2) of the Family Provision Act 1982, the fact that s 9 requires assessment of circumstances at the date of hearing (rather than at the testator's death) may count against a late applicant where the delay has enabled the applicant to adduce evidence not available within the prescribed period. Contributions to the welfare of the deceased's spouse are not excluded from consideration under s 9(2) merely because s 9(3) refers only to contributions to the welfare of the deceased.
The full text is available to signed-in members, including the 33 later cases that cite this judgment.
2 of the 33 citing cases carry a classified treatment. How each court treated it is available to signed-in members.