Larkan v Larkan

Larkan v Larkan [2022] WASC 169 concerns an application under the Family Provision Act 1972 (WA) for an extension of time to bring an application for provision out of the estate of a deceased person. The deceased had made a will, but did not provide for his estranged wife, Diane, or his two sons, William and Ryan. Diane, William and Ryan sought leave to bring an application out of time. The executor and other beneficiaries opposed the application. The court found that Diane, William and Ryan had made out a substantial case for it being just and proper for the court to exercise its statutory discretion to extend time, and granted leave for the application to be brought out of time.