White v Long

The case of White v Long concerned a daughter's application for an extension of time in which to bring an application for provision and maintenance under the Family Provision Act 1969. The daughter had previously successfully applied to rectify her father's will, which had omitted any mention of her. The court had to determine whether the daughter should be granted an extension of time to make the application, as the will had been rectified after the time for such an application had lapsed. The defendant argued that the extension should not be granted as it would prejudice them, given that the assets had not yet been distributed.

The court was required to weigh the daughter's right to make an application under the Act against the defendant's contention that an extension would prejudice them. The court considered that, in circumstances where the assets had not yet been distributed, the defendant would not be prejudiced by an extension of time. The court noted that the daughter had acted promptly once she became aware of the need to apply for provision and maintenance, and that the delay was not due to any fault on her part.

In determining the matter, the court found that the daughter should be granted an extension of time to bring her application. The court held that the delay in bringing the application was not due to any fault on the part of the daughter, and that the defendant would not be prejudiced by the extension as the assets had not yet been distributed. The court also considered that the daughter had acted promptly once she became aware of the need to apply for provision and maintenance. The court granted the daughter an extension of time to bring her application, and the matter was remitted to the Registrar for further proceedings.