Time for making election
117 Time for making election
The election must be made—
if the spouse is entitled to notice of the right of election—within 3 months after the date of the notice, or
if the spouse is the intestate’s personal representative (or one of the personal representatives)—within 3 months after the grant of administration of the intestate estate.
The Court may, however, if it considers there is sufficient cause for doing so, extend the time for making the election.
Note—
The Court might, for example, extend the period for making an election if the Court’s authorisation for making the election is required or if a question remains unresolved regarding the existence, or the nature, of a person’s interest in the intestate estate.
The Court may extend the time for making the election whether or not the time for making the election has passed, but not after the administration of the estate has been completed.
This Act’s bill:Explanatory memorandumSecond reading speech
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