Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the strict 6-month limitation period under s 99(1) of the Administration and Probate Act 1958 (Vic) has already expired and the client needs to apply for leave to make a late family provision application. The Court has a discretion under s 99(2) to grant leave if sufficient cause is shown, but this is not automatic and requires a separate application with strong evidence explaining the delay.
Jurisdiction: Supreme Court of Victoria, Common Law Division.
The Process at a Glance: File a separate application for leave under s 99(2) supported by an affidavit explaining the reasons for the delay. Demonstrate that sufficient cause exists for the late application. Serve the application on the executor and all beneficiaries. Address the prejudice to beneficiaries caused by the delay. If leave is granted, proceed with the substantive Part IV application under the parent plan.
Key Legislation and Case Law: Administration and Probate Act 1958 (Vic) s 99(2) - the Court may grant leave after 6 months if satisfied sufficient cause is shown. Section 99(3)/(4) - the Court cannot affect any distribution lawfully made before the application. The applicant must demonstrate: (a) the reasons for the delay, (b) the strength of the substantive claim, (c) the prejudice to the estate and beneficiaries, and (d) whether the estate has been distributed.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Victorian Family Provision Application (Applicant) - Part IV APA 1958 - Out of Time Application (Leave to Proceed under s 99(2) APA) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Determine whether sufficient cause exists under s 99(2) to justify the late application and assess the prospects of obtaining leave.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
The Court exercises a discretion under s 99(2). Relevant factors include:
File and serve the leave application with a comprehensive affidavit addressing the delay and the merits of the substantive claim.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Obtain the Court's determination on leave. If granted, transition to the parent plan for the substantive Part IV application.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.