I am often asked about the time limits of when a claim for further provision from an estate can be made. When considering a claim for further provision from an estate, it is important to act sooner rather than later as an unexplainable delay could mean the court will refuse to hear your claim.
You must be an eligible person
To make a claim for further provision against an estate, you must be an eligible person as defined by the Succession Act 1981 (QLD).
You must give notice to the legal representative of the estate
Providing you are an eligible person, you must give formal notice of your intention to make a claim for further provision to the executor or administrator of the estate within 6 months from the date of death of the deceased.
Formal notice should be in writing. It is also advisable to request that the executor or administrator acknowledge that they have received your notice.
You must file your claim with the court
Once you have given notice to the executor or administrator you must file your claim with the appropriate court in Queensland within 9 months from the date of death of the deceased.
It is important that your claim is filed in the appropriate court. The value of the estate will determine which court your claim should be filed with.
Can you make a claim for further provision from an estate if you have missed the time limits?
If you have not complied with the above time limits, it is up to the court as to whether it will accept your claim out of time.
The court will consider the following before hearing a claim for further provision out of time:
- Whether there is an adequate explanation for the delay;
- Whether there would be any prejudice to the beneficiaries;
- Whether there has been any unconscionable conduct by the claimant; and
- The strength of the claimant’s case.
If you are considering making a claim for further provision from an estate it is important to ensure you are complying with the time limits set by the Succession Act 1981 (Qld). It is also important to ensure you are including certain information in your application to the court. If you would like to discuss making a claim for further provision or require assistance with your claim, please do not hesitate to contact me.
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