When is the deadline for service of a wills variation proceeding on the executor?
The catalogue records a 30 days period from Expiry of the 180 day commencement period under s 61(1)(a). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 30 days
- Trigger
- Expiry of the 180 day commencement period under s 61(1)(a)
- 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.
- The court may extend the time for service, and may do so either before or after the 30 days have expired. This is the only extension power in s 61 and it does not reach the 180 day commencement limb.
- ADDED ON VERIFICATION - a distinct second deadline that runs from the EXPIRY OF THE 180 DAY PERIOD, not from commencement of the proceeding, so a claimant who files early still gets the full 210 days from the representation grant to serve. Section 61(1)(c) imposes a separate and unquantified obligation to serve the Public Guardian and Trustee where there are minor children of the will-maker or where the spouse or a child is mentally incapable, and s 61(2) requires service on the Nisga'a Lisims Government or the treaty first nation in the case of the will of a Nisga'a citizen or treaty first nation member.