Pugh v Bernard John Delgado as Executor of the Estate of the late Audrey May Hamilton the Administrator of the Estate of Ronald Wilson Hamilton (Dec)

The case of Pugh v Bernard John Delgado as Executor of the Estate of the late Audrey May Hamilton the Administrator of the Estate of Ronald Wilson Hamilton (Dec) was heard in the Supreme Court of Western Australia. Julie Pugh, the daughter of the deceased Ronald Wilson Hamilton, sought leave to bring a claim for provision out of her father's estate, out of time. The application was opposed by the first and sixth defendants, the executor of the estate and a potential beneficiary of the stepmother's estate. The primary legal issue in this case was whether an order could be made under s 65 of the Trustees Act 1962 (WA) where an application for relief was filed out of time, and the proper construction of s 65(5) of the Trustees Act. The court found that an order could be made under s 65 if the application was made within the time permitted by the Inheritance (Family and Dependants Provision) Act 1972 (WA) or any time within which the Court permitted a claimant to file an application. The court granted leave to file out of time and scheduled further hearings on the orders that were appropriate and on costs.