Published 19 May 2021
Application for extension of time — option to elect — provision from estate — intestate — surviving spouse — Property (Relationships) Act 1976, ss 61 & 62 — Family Protection Act 1955 — Green v Robertson [2003] NZFLR 533 — Beuker v Beuker (1977) 1 MPC 20. The applicant was the widow of the deceased who had died intestate. Pursuant to s 61 of the Property (Relationships) Act ("PRA") she had the option to elect for provision from his estate either through the provisions of the PRA or the Family Protection Act ("FPA"), provided she made that election within six months of the grant of letters of administration in respect of the estate. This application was for an extension of time to make that election pursuant to s 62. As reasons for the application, counsel for the applicant claimed that the applicant had been disadvantaged by her lack of command of the English language. Counsel sought further information in relation to the assets of the deceased to determine which option might be in the applicant's best interests to pursue. The Judge granted the application to extend the time to elect an option by eight weeks following the receipt of information sought. Judgment Date: 25 November 2020.
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