The Master granted leave to an adult son to file a family provision application out of time where the applicant was unaware of his father's death until after the limitation period had expired, acted promptly upon learning of the death, and demonstrated an arguable (though not strong) case for provision despite long-standing estrangement and the estate having been fully distributed. The Court held that the complete distribution of an approximately $2 million estate to the sole beneficiary did not preclude leave, noting that issues of inequity under s 65(8) of the Trustees Act 1962 (WA) and a foreshadowed constructive trust claim were matters for the substantive hearing rather than the leave application.
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