When is the deadline for family provision - further application where estate property was not disclosed?
The catalogue records a 6 months period from The date on which the applicant became aware of the existence of the undisclosed property. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
This page is in preparation. It does not offer an automated deadline or a paid record until the missing source or calculator evidence is complete.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 6 months
- Trigger
- The date on which the applicant became aware of the existence of the undisclosed property
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- s 6(7)(b): the Court may give leave to file out of time if satisfied that the justice of the case requires it. s 6(8): "A motion for leave to file out of time may be made at any time notwithstanding that the period specified in subsection (7)(a) has expired."
- Added on verification: a second, independent family provision limitation period that the researched catalogue missed. It runs from a completely different trigger to the s 7(2)(a) period (awareness of undisclosed property, not the administrator becoming entitled to administer) and can arise years after the primary period has closed. Despite s 12(1), notice of an application under s 6(5) in respect of an order already made must be served on all persons taking a benefit under that order and on such other persons as the Court directs (s 6(6)). "From" excludes the trigger day (Interpretation Act 1984 (WA) s 61(1)(b)); months are computed under s 62(3). Source: Family Provision Act 1972 (WA) s 6, current consolidation [02-d0-00] at legislation.wa.gov.au.