Day v Peake [2023] QDC 178

The administration of the estate of the late Desmond Guy screeched to a grinding halt when 2 of his 7 children refused to move out of their deceased father's property.

They both made an application for further provision from his estate - Scott Day later dropped his claim.

Lloyd Day made his application late and the Court first needed to determine whether they should allow his late application. This case is a good example of what the Court will consider when an application applies out of time.

There was Lloyd's credibility as a witness (described by the Court as "unreliable"), his conduct during the legal proceedings ("unconscionable"), and the chances of his claim succeeding ("futile").