In New South Wales, a family provision claim is an application to the Supreme Court seeking provision (or further provision) from a deceased person’s estate. Strict time limits apply.
The 12-Month Time Limit
A family provision claim must generally be commenced within 12 months from the date of death of the deceased.
This is a hard deadline. If proceedings are not filed within this period, the right to claim may be lost.
Late Applications (Out of Time Claims)
The Court has discretion to allow a claim to proceed after 12 months, but only in limited circumstances. The applicant must first obtain the Court’s permission (leave).
When deciding whether to grant leave, the Court will consider, amongst other things, factors such as:
- The reason for the delay (for example, lack of knowledge of the death or estate);
- Whether the estate has already been fully or substantially distributed;
- The strength of the applicant’s claim;
- Any prejudice to beneficiaries or the estate caused by the delay.
Late claims are more difficult, more expensive, and less certain.
Why Timing Matters
Once estate assets are distributed, recovery can be very complex. For this reason, anyone considering a family provision claim should obtain legal advice as early as possible.
Practical Tip
If you believe you may have a claim - even if you are unsure - seek advice well before the 12-month deadline. Early advice preserves options and often improves outcomes.
Give our accomplished team at Sylvania Legal and Conveyancing a call — we’re happy to help.
Telephone: (02) 9544 6443
Email: info@sylvanialegal.com.au
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