Time limit on making a claim
Published 27 Sep 2016
When a will is read and you find yourself left out, the damage can be much more than financial. A will is a refection of the relationship you had with the deceased.
While a family provision claim during a will dispute may not be a silver bullet, it can be the first step to personal reconciliation. However, in New South Wales, if you believe you have been shortchanged, you should make a claim earlier rather than later.
Time limits in place when contesting a will
In the Premier State, there is a time limit in place that can put a halt to a claim before it even leaves the ground. An application made under the Family Provision Act 1982 must be made within 12 months of the deceased’s death.
While the applicant can ask the court to extend the period of application, this does not always happen, as the courts look for concrete and legal reasons for an extension.
An example is the 2016 Stone vs. Stone case. The plaintiff looking to make a claim, commenced proceedings five weeks after the 12 month period.
However, the judge believed that the plaintiff showed cause for the delay and allowed the claim to go ahead within an extended timeframe. In this case, the judge took into account all the paperwork that was done before the time limit passed as well as the communications between the two parties.
How can a will dispute lawyer help?
When it comes to something as complex as a will dispute, it is essential to have the right advice and expertise on hand. A will and estate dispute lawyer can make sure you are headed in the right direction.
However, lawyers can only help if you engage with their services quickly. If you leave it too late, you may miss out on making a claim.
If you would like to know more about the services offered by a wills and estate lawyer, contact the team at Gerard Malouf and Partners Compensation, Medical negligence and Will dispute lawyers today.
Due to the complexity of will disputes, we offer a no win no fee guarantee that can ensure you have the best chance of succeeding. Instead of taking pay in the form of upfront costs, we accept remuneration from your successful settlement.
Contact a representative today and get your claim off the ground.