Time limitations to make a claim for Family Provision
Published 15 Jun 2014
Author: Richele Nelsen
If you are considering making a claim for Family Provision there is a time limit within which your application must be made. In Australia each state and territory has its own legislation governing claims for Family Provision. Accordingly, different states and territories have different limitation periods within which a claim for Family Provision must be made. It is important that you note the specific limitation period for the state within which you intend to apply for Family Provision.
Family Provision claims in New South Wales are governed by the Succession Act 2006. If you are contesting a Will for Family Provision within New South Wales you need to commence Court proceedings within 12 months of the Will maker’s death.
Family Provision claims in Queensland are dealt with under the Succession Act 1981. If you intend to make a claim for Family Provision in Queensland notice should be given to the Executors of the Estate of the intention to make an application for Family Provision. This notice should be given within 6 months of the date of death. Formal legal proceedings must be commenced within 9 months of the date of the Will-maker’s death.
In Victoria Family Provision claims are made under the Administration and Probate Act 1958. In South Australia Family Provision claims are dealt with under the Inheritance (Family Provision) Act 1972 and in Western Australia such claims are made under the Inheritance (Family and Dependence Provision) Act 1972.
In each of these states a claim for Family Provision must be made within 6 months from the date on which a Grant of Probate or Letters of Administration has been made.
In the ACT a Family Provision claim is made under the Family Provision Act 1969. Here an applicant has to formally commence proceeding within 12 months from the Grant of Probate or Letters of Administration.
Family Provision claims within Tasmania are governed by the Testators Family Maintenance Act 1912. Any application for Family Provision must be made within 3 months of the Grant of Probate or Letters of Administration.
It is important to ensure that your rights are protected and your claim is lodged within the relevant time limit of each jurisdiction. There are exceptional circumstances where the Court may allow a claim to be made outside the limitation period however there is no guarantee the claim will be accepted.
Gerard Malouf & Partners are experienced Contesting Wills Lawyers and provide representation for Estate claims Australia wide. For more information please contact our office today to speak with our experienced team of expert lawyers.