In a judgment handed down this morning, the Qld Court of Appeal overturned a decision of Martin J from last year, where he dismissed an application to extend the time for bringing an FPA.

Gotterson JA said (at [63]):

In my view, the appellant has advanced an arguable claim for further provision out of the deceased’s estate. It is not a claim that is clearly unlikely to succeed. It cannot be said that it will probably fail. I am therefore satisfied that, in all these circumstances, the discretion [to extend time] ought to be exercised in the appellant’s favour.

Read Mortimer v Lusink here.