Section 117 — Succession Act 2006 (NSW)

(1) The election must be made—
(a) if the spouse is entitled to notice of the right of election—within 3 months after the date of the notice, or
(b) if the spouse is the intestate’s personal representative (or one of the personal representatives)—within 3 months after the grant of administration of the intestate estate.
(2) The Court may, however, if it considers there is sufficient cause for doing so, extend the time for making the election.
(3) The Court may extend the time for making the election whether or not the time for making the election has passed, but not after the administration of the estate has been completed.

Related sections

• s 114 — Application of this Division
• s 115 — Spouse’s right of election
• s 116 — Notice to be given to spouse of right of election
• s 118 — How election to be made
• s 119 — Basis of the election
• s 120 — Exercise price—how satisfied

Research how courts apply s 117

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.