An inordinate and inadequately explained delay of almost 10 years in commencing a family provision application under s 41(8) of the Succession Act 1981 (Qld), where the applicants had been specifically advised of the time limits and the need for separate proceedings, will not be excused merely because the applicants had an arguable claim. Filing caveats opposing probate does not constitute or preserve a family provision claim. The triggering of an application by the risk of forfeiture of overseas assets, rather than a genuine desire to seek provision, weighs against the grant of an extension.
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