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Re Magson - [1983] NZLR 592

$30.00

Court of Appeal Wellington
26 May; 28 June 1983
Cooke, Richardson and McMulling JJ
Wills — Family protection — Matrimonial property — Limitation of actions — Widow and daughters applied for extension of time in which to institute family protection proceedings against testator's estate — Widow also sought extension of time for matrimonial property claim against deceased spouse's estate — Whether Court had jurisdiction to grant leave to bring matrimonial property proceedings out of time — Whether there had been a "final distribution of the estate" of the deceased — Whether discretion not to grant leave had been correctly exercised under both Acts — Family Protection Act 1955, s 9 — Matrimonial Property Act 1963, s 5A.

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