Time Limitations in Family Provision Claims

Australia is a country governed under a federal parliamentary system of government. It is made up of six states and two major mainland territories.  Each state has set its own legislations that govern family provision claims. If an Australian is considering raising a family provision claim, there is a time limit within in which they can make the claim. The timeframe depends on the locality where the claim is made.

In New South Wales, an applicant can raise a claim within 12 months of the estate owner’s death. Family provision lawyers will then prepare a case under the guidelines state by the family provision law stated in the succession act of 2006.

In Queensland, claims are made under the governance of the Succession Act 1981. If beneficiaries need to lay a claim on the estate, they should first reach out to family provision lawyers who will give notice of their client’s intentions to the executioner of the estate. The notice is to be given 6 months after the death of the will-maker.

In Victoria, family provision claims are governed by the Administration and Probate Act 1958. On the other hand, family provision legislation is under the Inheritance (family provision) Act of 1972 in South Australia. In Western Australia’s case, a family can contest a will under the Inheritance (Family and Dependence Provision) Act of 1972. Despite having family provision laws in different acts, Victoria, South Australia and Western Australia’s formal legal proceedings should begin 6 months after the Grant of Probate or Letter of Administration has been made.

In Australian Capital Territory, claims are governed under the Family Provision Act of 1969. In this territory, family provision lawyers can present their cases  before family courts 12 months after a Grant of Probate or Letter of Administration has been made.

It is important for applicants to make sure that their rights are protected and their claims are presented within the right time limit of each jurisdiction.