When someone has been left out of a will or been treated unfairly in a will it’s understandable that they would consider making a claim against the estate.
These sorts of claims are called Family Provision Claims and come under Section 41 of the Succession Act.
However, it is also reasonable that administration of an estate should not be held up indefinitely, so the law imposes strict time limits for making a claim.
Notice of a Family Provision claim must be given within 6 months of the death.
Proceedings for Family Provision must be filed within 9 months of the death.
Extensions of time can be granted in certain circumstances, but they are not given lightly, and cannot be guaranteed.
It would foolish in the extreme to delay making a claim because if time expires it may not be able to be extended.
Sunshine Coast Elder Law are experts in relation to Family Provision Claims, and all claims in relation to wills and estates, either acting for beneficiaries treated unfairly (or left out completely) or for executors charged with defending the wishes of a deceased person in their will.
For information in relation to Family Provision Claims, or any disputes in relation to Wills or Estates Contact Us.
