The case confirms that the two-stage Singer v Berghouse approach continues to apply under the Succession Act 2006 (NSW), following Franks v Franks and Keep v Bourke. An unexplained delay of 9.5 months after receiving legal advice that proceedings needed to be commenced promptly will not constitute sufficient cause for extension of time under s 58(2), particularly where the substantive claim is weak. In a very small estate where the principal asset is a residence occupied by a beneficiary with compelling needs, the court will not interfere with the deceased's testamentary dispositions to make provision for adult children whose claims are less urgent.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.