Law360 Canada ( December 6, 2024, 10:22 AM EST) -- Appeal by Flanigan from dismissal of his application for family maintenance and support (FMS) against the estate of his late adult interdependent partner, Kirkland. Kirkland died on November 12, 2022, leaving her estate equally to her children in a will dated September 2, 2021, with no provision for Flanigan. The Court of King's Bench issued a grant of probate on February 9, 2023. On March 15, 2023, Flanigan's counsel advised the estate's counsel of his intention to apply for FMS. Flanigan's counsel emailed the application to the court on August 8, 2023, one day before the six-month deadline under s. 89(1) of the Wills and Succession Act (WSA), but the court did not file it until August 15, 2023, six days after the deadline. Flanigan amended the application to seek permission to proceed under s. 89(2). The chambers judge refused permission and dismissed the application. The issue on appeal was whether the chambers judge erred in identifying and applying the criteria relevant to deciding whether to allow an application to be made pursuant to s. 89(2) of the WSA and in applying those criteria in this case....