IN RE GUSKETT

[1947] VLR 212·HERRING C.J.
[1947] VLR 212
1947 VLR 212
IN RE GUSKETT Supreme Court of Victoria HERRING C.J. October 31, 1946, 19 December 1946 Administration and probateWillTestator's family maintenanceApplication within six months of grant of probateApplication out of timeOnus on applicant to show circumstances justifying enlargement of timeAdministration and Probate Act 1928 (No. 3632), Part V., sec. 147Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 6 .

An applicant for an order, extending beyond six months of the grant of probate the time in which to make an application under Part V. of the Administration and Probate Acts, must make his application promptly, and must satisfy the Court or Judge that the circumstances are such as to make it unjust for him to be penalised for being out of time. The order will not be made in favour of an applicant who was aware of his rights under the Act within six months of the grant of probate, and who shows that his altered circumstances, which occurred after the expiration of the said six months, are such that the amount bequeathed him under the testator’s will is inadequate for his support.

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[1947] VLR 212

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