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Testator's Family Maintenance Act 1912
11Time within which application to be made
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### 11 Time within which application to be made
> > (1) *\[Section 11 Subsection (1) amended by 6 Geo. V No. 65, s. 6 \]**\[Section 11 Subsection (1) amended by 25 Geo. V No. 78 \]**\[Section 11 Subsection (1) amended by No. 46 of 1954, s. 3 and Sched. 2 \]**\[Section 11 Subsection (1) amended by No. 52 of 1957, s. 9 and Sched. 1 \]*Except as provided by [subsection (2)](#GS11@Gs2@EN) of this section, the Court or judge shall have no jurisdiction to hear any application, or to make any order under this Act, unless the summons hereinbefore mentioned be taken out before or not later than three months after the date of grant of probate of the will of the deceased person, or letters of administration of the estate of the deceased person, as the case may be.
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> > (2) *\[Section 11 Subsection (2) added by No. 46 of 1954, s. 3 and Sched. 2 \]*Notwithstanding anything in [subsection (1)](#GS11@Gs1@EN) of this section, upon application being made in that behalf by a person claiming the benefit of this Act, the Court or a judge may, after hearing such of the persons affected or likely to be affected by that application as it or he may think fit, extend the time limited by that subsection for the taking out of a summons for such further period as the Court or judge may think necessary.
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> > (3) *\[Section 11 Subsection (3) added by No. 46 of 1954, s. 3 and Sched. 2 \]*The powers conferred on the Court or a judge by [subsection (2)](#GS11@Gs2@EN) of this section may be exercised notwithstanding that the time limited by [subsection (1)](#GS11@Gs1@EN) of this section for the taking out of a summons may have expired (whether that time expired or expires before or after the commencement of this subsection).
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> > (4) *\[Section 11 Subsection (4) added by No. 46 of 1954, s. 3 and Sched. 2 \]*An application under [subsection (2)](#GS11@Gs2@EN) of this section shall be made before the final distribution of the estate of the deceased person, and no distribution of any part of the estate made before the making of an application under that subsection shall be disturbed by reason of that application or of any order made thereon or in consequence thereof.