Within what timeframe can I contest a will?

Published 21 Sep 2016

Whenever someone close passes it is a traumatic time for all involved. Obviously, making a claim against a will may not be at front of mind, but if you feel you have grounds to make a claim there is a certain timeframe that you must make such a claim.

According to the Australian legislative framework, each state and territory has its own individual period of time in which a family provision must be brought. The time periods vary from state to state and the ability to do so also varies. To fully understand and identify these factors, getting in touch with the experts, like the ones at Gerard Malouf and Partners is your best option.

What are the time frames for each state?

  • NSW - 12 months post death
  • QLD - 9 months post death (notice of intention must be given within 6 months of death)
  • ACT - 6 months after the date of the grant of probate of the will or of letters of administration
  • VIC - 6 months after the date of the grant of probate of the will or of letters of administration
  • WA - Within 6 months of the date that the administrator becomes entitled to administer the estate
  • TAS - Within 3 months of the date of granting of the probate or letters of administration
  • NT - Within 12 months from the date on which administration of the deceased's estate has been granted
  • SA - 6 months from the date the probate was granted or letters of administration (an application must be made within 3 months that the administrator was placed on notice)

Is there any way I can make a late claim in NSW?

If the deceased party passed after 1 March 2009, the above timeframe comes into play. However, if you are unsure of when the deceased died, the court may rule on a date and times that is reasonable. If an application is made more than 12 months after the date on which the deceased passed, you may have grounds for a claim.

This process can be drawn-out and complex. That's why it's necessary to seek the guidance of experienced contesting will lawyers who know the ins and outs of making a claim. We are so confident in our ability to bring clarity and add value to your claim that we provide a 90 day free trial of our legal services to display our professionalism and competence.

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