The Master granted leave to a claimed de facto partner to bring a family provision application approximately 15 months out of time, finding on the particular facts that the applicant had an arguable case that she was in a de facto relationship with the deceased immediately before his death, notwithstanding that the estate had been fully distributed to the sole beneficiary. The decision turned on the applicant's evidence of a 20-year relationship involving shared living arrangements, property maintenance, and consultation by medical staff about the deceased's care, weighed against the significant delay, full distribution of the estate, and absence of prior notice of the claim. The Master applied the established Clayton v Aust guidelines and confirmed that full distribution of an estate is not a legal impediment to a claim, given the operation of s 8 of the Family Provision Act 1972 (WA) and s 65 of the Trustees Act 1962 (WA).
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