Re: Gabrielle

The case of *Re: Gabrielle* concerned an application by the applicant, Gabrielle, for an order that she be permitted to make a claim for provision out of the estate of her deceased father, Mr. X. Mr. X had died on 15 March 2022, and the applicant's claim was made outside the statutory time limit prescribed by the *Succession Act 2006* (NSW). The application was heard by Stevenson J in the Supreme Court of New South Wales.

The central legal issue before the Court was whether the applicant had established sufficient grounds to justify the grant of an extension of time within which to make her claim for provision. This required the Court to consider the principles governing the exercise of discretion to extend time under section 58 of the *Succession Act 2006* (NSW), which involves a balancing of the applicant's need for an extension against any prejudice to the estate or beneficiaries.

Stevenson J applied the principles established in cases such as *Vowels v Vowels* and *Bade v Bade*, which emphasise the importance of considering all relevant circumstances, including the reasons for the delay, the merits of the proposed claim, and the potential prejudice to the respondents. The Court noted that while the applicant had provided reasons for the delay, these were not entirely compelling. However, the Court also found that the proposed claim had some merit and that the prejudice to the beneficiaries was not insurmountable. After carefully weighing these factors, Stevenson J concluded that it was just and proper to grant the extension of time.

The Court ordered that the applicant be granted an extension of time to file her application for provision out of the estate of Mr. X.