When assessing whether an out-of-time family provision application would improve the applicant's position compared with a timely application, the court must consider when the application would likely have been heard if made in time and compare that position with the actual position at the delayed hearing. Where a family provision claimant has a dependent child for whom the testator made no significant separate provision, the child's needs must be added to the claimant's individual claims when weighed against competing beneficiaries.
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