Sheppard v Heathcote (No 3)

In the case of Sheppard v Heathcote (No 3), the applicant, Sheppard, sought an extension of time to make a testator family maintenance application under the Administration and Probate Act 1958. The application was made more than three and a half years after the statutory six-month time limit for making such an application had elapsed. Sheppard had been involved in her mother’s TFM application which was resolved before she made her own TFM application. The respondents argued that the delay in making the application prejudiced other beneficiaries, and that there was no explanation for the delay. The court was required to determine whether the delay was justified and whether it should grant the extension of time.

The court examined the circumstances of the delay and the prejudice caused to the other beneficiaries. The applicant argued that her delay was due to her involvement in her mother’s TFM application, and that there was no intention to delay. The court found that the delay was not excessive and that there was no prejudice to the other beneficiaries. The court also noted that the applicant had acted reasonably and had not acted in bad faith. The court held that the delay could be explained and that the application for an extension of time should be allowed.

The court granted the applicant’s application for an extension of time under section 99 of the Administration and Probate Act 1958. The court found that the delay was not excessive and that the applicant had acted reasonably. The court also found that there was no prejudice to the other beneficiaries and that the delay could be explained. The court held that it was appropriate to exercise its discretion to grant the extension of time. The final orders of the court were that the application for an extension of time be allowed, and that the applicant be granted leave to make the TFM application outside the statutory time limit.