Aged and Infirm Persons' Property Act 1940

Where at the death of a protected person or former protected person who died leaving a will it appears that, in consequence of any dealing with the estate by an administrator, the share of any beneficiary in that estate under the will has been affected, the Court may, on application by an interested person, make such orders as it thinks just to ensure that no beneficiary gains a disproportionate advantage, or suffers a disproportionate disadvantage, of a kind not contemplated by the will, in consequence of the estate having been managed under this Act.

An order made by the Court under subsection (1) shall operate and take effect as if it had been made by a codicil to the will of the protected person or former protected person executed immediately before his death.

The Court shall, on making an order under subsection (1), direct that a certified copy of the order be made on the probate of the will and may, for that purpose, require the production of the probate.

An application under this section must be made within six months from the date of the grant in this State of probate of the will unless the Court, after hearing such of the persons affected as the Court thinks necessary, extends the time for making the application.

An extension of time granted under subsection (4) may be granted—

on such conditions as the Court thinks fit; and

whether or not the time for making an application under this section has expired.

An application for extension of time must be made before the final distribution of the estate.

A distribution of any part of the estate made before an application for extension of time shall not be disturbed by reason of the application or any order made upon the application.

This section does not apply in respect of the will of a deceased person who died before the commencement of this section.