Discussion and Analysis
( i) Statutory regime on intestacy
 In the event of an intestacy (as appears to be the case here
thus far), the beneficiaries of Mr. Aquilina’s estate will be his surviving spouse and their three children. The three children —
all adults now — have been served with this application and indicated that they were not opposed.
 The FLA and the SLRA prescribe two different regimes
with potentially different outcomes for dealing with the property
rights of a surviving spouse.
 Part II of the SLRA prescribes the regime applicable in the
event of an intestacy or a partial intestacy. Under s. 46(2) of
the SLRA, where there is no will and more than one child of
the deceased, the surviving spouse is entitled to one-third of the
estate plus the “preferential share” prescribed under s. 45 thereof.
 By contrast, s. 5(2) of the FLA provides that the surviving
spouse will receive one-half of the difference between the value of
the net family property of each of the spouses where the deceased
had the higher of the two amounts.
 Clearly, these two regimes cannot be applied simultaneously. Section 6 of the FLA thus provides that the surviving
spouse must elect whether to receive equalization under s. 5 of
the FLA or his or her entitlements under the will or Part II of the
SLRA as the case may be.
 The surviving spouse is given a period of six months to
make the election: FLA s. 6(10). Absent an election, the surviving
spouse takes under the scheme of Part II of the SLRA (in the
case of an intestacy): FLA s. 6(11). During the six-month election
period, the estate is prohibited from making distributions subject
to certain exceptions so as to ensure the election is not defeated
before it can be made: FLA s. 6(14).
( ii) Criteria for extending time to elect
 The applicant requested that I ( i) extend the time to make
an election until May 1, 2020 (two years from the date of the
application); ( ii) extend the time for the deemed election to the
same date; and ( iii) extend the time during which distributions
from the estate are suspended until the same date.
 Any time prescribed by the FLA, including the six-month
time lines prescribed by s. 6(1) and (14) can be extended by me
pursuant to s. 2(8) of the FLA if there are apparent grounds for
relief, if relief is unavailable because of delay that has been
incurred in good faith and no person will suffer substantial prejudice by reason of the delay.