The Court granted an extension of time under s 7(2)(b) of the Family Provision Act 1972 (WA) to permit a son wholly excluded from his mother's will to bring a substantive family provision claim, notwithstanding a 10-month delay beyond the statutory six-month period and the near-complete distribution of the estate. The Court held that the executor's failure to clearly inform the plaintiff of his exclusion from the will, despite repeated enquiries, provided a proper explanation for the majority of the delay and weighed heavily in favour of the extension. The Court left unresolved the question of the interaction between s 65 of the Trustees Act 1962 (WA) and the FPA regime, and noted that distribution of the estate is a relevant but not determinative factor, particularly where the sole beneficiary was also the executor who was aware of the plaintiff's interest.
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