Administration and probate — Testator's family maintenance — Whether power to order life interest in real estate — Administration and Probate Act 1928 (No. 3632), Part V. — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483).

Administration and Probate — Testator's family maintenance — No provision made by testator for adult daughter living apart from parents and supporting herself — Application by daughter for provision out of testator's estate — More consideration to be given to applicant in case of adult daughter than in case of adult son — Administration and Probate Act 1928 (No. 3632), Part V. — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.

Administration and Probate — Testator's family maintenance — Moral claim of applicant on testator — Declaration of testator — Discretion of primary Judge — Disparity between amount ordered and appellate Court's view as to amount which should be ordered — Review of discretion — Administration and Probate Act 1928 (No. 3632), Part V — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.

Administration and probate — Testator's family maintenance — "Children" — Retroactive operation of repeal of definition of "children" — Application by children more than six months after grant of letters of administration — Extension of time for making application — Power of Court — Administration and Probate Act 1928 (No. 3632), Part V, secs. 138, 139, 147 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), secs. 3, 6.

Administration and probate — Testator's family maintenance — Order made — Liberty to apply — Jurisdiction to make further order — Administration and Probate Act 1928 (No. 3632), sec. 145 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483).

Administration and probate — Testator's family maintenance — Husband's moral duty to make provision for widow — Character or conduct of applicant disentitling her to provision — Testator's suspicions as to widow's conduct unjustified — Duty of Court to determine whether such suspicions justified or not — Administration and Probate Act 1928 (No. 3632), Part V, secs. 139, 144 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.

Administration and probate — Testator's family maintenance — Application for — "No application shall be heard by the Court . . . unless application is made within six months after date of grant" — Meaning — Administration and Probate Act 1928 (No. 3632), Part V, sec. 147 — Administration and Probate Act 1937 (No. 4483), sec. 6.

Practice — Time — Within which to make application — Application to be made within six months after date of grant of probate — What constitutes making of application.

Administration and probate — Testator's family maintenance — Practice — Application for further provision out of estate — Procedure where problems of construction or administration arise — Application to be adjourned — Pending determination of problems in appropriate proceedings — Administration and Probate Act 1928 (No. 3632), Part V.

Administration and probate — Testator's family maintenance — Order made — Provisions in will supplanted not supplemented — Application to vary order — Who may apply — Variation to increase benefit under order — Jurisdiction — Administration and Probate Act 1928 (No. 3632), sec. 145 (6) — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483).

Administration and probate — Testator's family maintenance — Application to extend time within which to apply for further provision out of estate — So-called "manifest injustice" which would be incurred by applicant if extension not granted — Whether a proper matter for Court's consideration — Lapse of three and a half years from grant of probate before application for extension — Whether delay excusable.

Administration and probate — Testator's family maintenance — Married daughter — Circumstances in which discretion will be exercised in her favour — Relevance of husband's means and ability to support her and their prospects in life — Whether date of death or date of application relevant time in considering needs of applicant — Whether trial judge exercising discretion — Administration and Probate Act 1928 (No. 3632), Part V, sec. 137 — Administration and Probate Act 1937 (No. 4483).

Administration and probate - Testator's family maintenance - Large estate - Provision for child - Whether aliquot portion of estate or specified sum should be awarded - Administration and Probate Act 1928 (No. 3632), s139 - Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4482), s3.

Administration and probate - Testator's family maintenance - Application by adult son - Adequate provision - PtV, Administration and Probate Act 1928 (No. 3632), s139 - PtIV, Administration and Probate Act 1958 (No. 6191), s91.

Administration and probate - Testator's family maintenance - Extension of time for making application - Bankruptcy of applicant - Financial stringency - Applicant's right to apply does not vest in official receiver - Administration and Probate Act 1958 (No. 6191), PtIV, s99.

Administration and probate - Testator's family maintenance - Application for extension of time - Oversight by solicitor - "Final distribution" of estate - Distribution of land under Transfer of Land Act - Major portion of estate distributed - Administration and Probate Act 1958 (No. 6191), s99.

Administration and probate - Testator's family maintenance - Remarriage of testator's widow between testator's death and application - No breach of moral duty - Exercise of court's discretion - Plaintiff not showing present need - "Widow" - "Former wife" - Administration and Probate Act 1958 (No. 6191), s91 (as substituted by s5 of the Administration and Probate (Family Provision) Act 1962 (No. 6920)).

Administration and probate - Testator's family maintenance - Application to extend time within which to apply for further provision out of estate - Lapse of 13 months after grant - Whether delay excusable - Negotiations extending beyond limitation period - Administration and Probate Act 1958 (No. 6191), s99.

Administration and probate - Testator's family maintenance - Application by adult son - Testator's estate very large - "Adequate provision for the proper maintenance and support" - Whether statements made by the testator during his lifetime concerning his relationship with the applicant are admissible in evidence - Administration and Probate Act 1958 (No. 6191), s91, s95, as amended by Administration and Probate (Family Provision) Act 1962 (No. 6920).

Administration and probate - Testator's family maintenance - Character or conduct of applicant disentitling - Failure to practise or adhere to a particular religion - Administration and Probate Act 1958 (No. 6191), s96(1).

Administration and probate - Testator's family maintenance - Application by adult son, divorced wife and widow - "Adequate provision for the proper maintenance and support" - Principles to be applied to a claim by an adult son - Prima facie able to support himself - Relationship of father and son at date of death - Father's duty at that time - Son had commenced university course with father's help and support - Provision for divorced wife - Provision for payment out of estate of duty on notional estate - Administration and Probate Act 1958 (No. 6191), s91, s95, as amended by Administration and Probate (Family Provision) Act 1962 (No. 6920).

Administration and probate - Testator's family maintenance - Application to extend time within which to apply for further provision out of estate - Lapse of two and a half years since applicant obtained his majority and before application for extension - Principles to be considered - Merits of proposed action to be considered.

Administration and probate - Testator's family maintenance - Application by divorced wife - "Adequate provision for proper maintenance and support" - Provision for divorced wife - Considerations relevant - Administration and Probate Act 1958 (No. 6191), s91, as amended by Administration and Probate (Family Provision) Act 1962 (No. 6920).

Administration and probate - Testator's family maintenance - Claim by adult daughter with adult children - Will making no provision for applicant but estate divided between applicant's children - Applicant the only child of testatrix - Applicant only herself to support and estranged from two of her three children - Provision made for applicant both by her father during his lifetime and under his will - Applicant divorced and living with another man for some time prior to the death of the testatrix - Document left by testatrix giving reasons for making no provision in will - Whether testatrix failed in her duty to the applicant - Administration and Probate Act 1958 (No. 6191), PtIV.

Administration and probate - Testator's family maintenance - Application to extend time for making application - Widow ignorant of rights for seven years after death of intestate husband - Whether a "final distribution of the estate" so that no provision could be made "out of the estate" - Whether assets held by the personal representative in character of trustee for the beneficiaries - Settlement purchase lease of farm under the Soldier Settlement Act held by administrator - Administrator not holding lease solely as trustee - No assent to vesting of beneficial interest in lease in next of kin - Administrator still performing its duties - Administration not completed - Soldier Settlement Act 1958 (No. 6373), s3, s43, s51, s56, s59, s60, s61, s64, s65, s66(1), s67A, s74, s76, s77 - Administration and Probate Act 1958 (No. 6191), s38, s41, s44, s50, s91, s99 - Property Law Act (No. 6344), s35.

Administration and probate - Testators family maintenance - Adopted child - Application for order that provision be made from estate of deceased for proper maintenance and support of married adopted daughter - Whether order may be made in favour of adopted child - Sole testamentary beneficiary an adopted son of deceased - Administration and Probate Act 1958 (No. 6191), s91 - Adoption of Children Act 1964 (No. 7147), s32(1).

Administration and probate - Testators family maintenance - Application by illegitimate children of deceased - Whether such children "dependant on or supported by the deceased" - Dependency or support by provision of physical things - Administration and Probate Act 1958 (No. 6191), s91.

Administration and probate - Testator's family maintenance - Admissibility of deceased's statements as to relationship with applicant - Reasons of deceased for excluding adult son from will - Statements of deceased not to be used as evidence of truth of facts stated - Statements may be admitted to show testator's belief in facts so stated - Statements may be admitted to show state of testator's beliefs concerning applicant when instructions given for making of will - Credibility of applicant in issue - Application for provision for adult son refused - Whether time for appeal should be extended - Administration and Probate Act 1958 (No. 6191), s96.

Courts practice and procedure - Application to extend time for appealing - Claim for provision from estate of mother by son dismissed - Delay of about six months before extension of time for appealing sought - Principles to be applied considered - Possible injustice to all parties to be considered - Prospects of success of appeal to be considered - Costs - Whether security for costs should be ordered - Rules of the Supreme Court O.58, r1A(b), O.58 r16, O.64, r6.

Evidence - Testator's family maintenance - Evidence offered as to testatrix's statements concerning relationship with applicant - Hearsay - Statements not to be used as evidence of truth of facts stated - Extent of admissibility of such statements considered - Evidence relevant to show belief of testator - Evidence may be offered to show state of mind of testator when instructions given for will - Whether testator understood existence or strength of applicant's claim on bounty.

Administration and Probate - Testator's family maintenance - Testator divorced - Question of maintenance for former wife reserved - Application by former wife - Whether former wife entitled to payments of maintenance - Meaning of "entitled" - Whether former wife a "widow" - Administration and Probate Act 1958 (No. 6191), s91.

Administration and Probate - Testator's family maintenance - Application by adult daughter for extension of time for making application - Adequate provision for applicant at date of testator's death - Deterioration of applicant's financial circumstances - Increase in value of estate - Principles to be applied in determining application for extension of time - Administration and Probate Act 1958 (No. 6191), s99.

Administration and probate - Testator's family maintenance - Widow's claim - Compromise - Enforceability - Conditions subsequent - Conditional on Attorney-General not opposing and on making of consent orders - Death of claimant before conditions satisfied - Attorney-General indicating non-opposition to compromise - Whether Attorney-General's decision invalid and nullity - Whether consent order could be made - Administration and Probate Act 1958 (No 6191) Pt IV

Administration and probate - Survival of actions - Testator's family maintenance - Death of claimant before compromise unconditional.

Judgments, orders and declarations - Consent order - Discretion to refuse.

Costs - Administration and probate - Novel point - Attorney-General intervening - Whether costs to be paid out of estate.