Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SUCCESSION AND SURROGACY) ACT 2014 (NO. 80 OF 2014) - SECT 8

For section 99 of the Administration and Probate Act 1958 substitute —

        "     99     Time within which application may be made

    (1)     An application to the Court for a family provision order must be made within 6 months after the date of the grant of probate of the will or of letters of administration, as the case may be.

    (2)     Despite subsection (1), on application, the Court may extend the period for making an application for a family provision order if, after hearing such of the parties affected as the Court thinks necessary, the Court considers it appropriate to extend the period, including in any case where the time for making an application has already expired.

    (3)     An application for extension under subsection (2) must be made before the final distribution of the estate.

    (4)     The making of an application for extension under subsection (2) and any order of the Court in relation to the application for extension does not disturb or affect the distribution of any part of the estate made prior to the making of that application.".