It is in the interests of all concerned that the distribution of a deceased’s estate is finalised as soon as possible. It is obvious that a claim for family provision will delay distribution until the matter is resolved. Hence the legislature has established a time limit for the commencement of proceedings of 12 months from the date of death of the deceased.

The court has the discretion to extend the time limit under s 58(2) of the Succession Act 2006 (NSW).

It is in the interests of all concerned that the distribution of a deceased's estate is finalised as soon as possible. It is obvious that a claim for family provision will delay distribution until the matter is resolved. Hence the legislature has established a time limit for the commencement of proceedings of six months from the date of the grant of representation (ie the date of the grant of probate or the date of the grant of letters of administration as the case may be).

The court has the discretion to extend the time limit under s 99 of the Administration and Probate Act 1958 (Vic).

Further, an applicant must give written notice to the personal representative of their intention to bring a claim within six months of the date of death: s 93 of the Administration and Probate Act 1958 (Vic).

It is in the interests of all concerned that the distribution of a deceased's estate is finalised as soon as possible. It is obvious that a claim for family provision will delay distribution until the matter is resolved. Hence the legislature has established a time limit for the commencement of proceedings of nine months from the date of death of the deceased.

The court has the discretion to extend the time limit under s 41(8) of the Succession Act 1981 (Qld).

Further, an applicant must give written notice to the personal representative of their intention to bring a claim within six months of the date of death: s 44(3) of the Succession Act 1981 (Qld).

It is in the interests of all concerned that the distribution of a deceased estate is finalised as soon as possible. It is obvious a claim for family provision will delay distribution until the matter is resolved. The legislation has established a time limit for the commencement of proceedings of six months from the date of grant of probate or letters of administration: s 7(2)(a) of the Act.

Pursuant to s 8 of the Inheritance (Family Provision) Act 1972, the time limit for commencement of proceedings is six months from the date of grant of probate or letters of administration. Section 8 of the Act also makes allowance for the court to extend the time but potential claimants should be aware that s 8(5) of the Act prevents an out of time claim being made against assets which have already been distributed.

It is in the interests of all concerned that the distribution of a deceased's estate is finalised as soon as possible. It is obvious that a claim for family provision will delay distribution until the matter is resolved. Hence the legislature has established a time limit for the commencement of proceedings of three months from the date of the grant of probate or letters of administration.

The court has the discretion to extend the time limit under s 11(2) of the Testator’s Family Maintenance Act 1912 (Tas).

A family provision application must be made within 12 months of the death of the deceased person: s 9 of the Family Provision Act 1970 (NT).

The family provision order may be made in relation to a person’s maintenance, education or advancement in life if satisfied that adequate provision was not made. The court may, with regard to the facts known to the court at the time the order is made, make any order for provision required for the maintenance, education or advancement in life of the person for whom the order is made.

It is in the interests of all concerned that the distribution of a deceased's estate is finalised as soon as possible. It is obvious that a claim for family provision will delay distribution until the matter is resolved. Hence the legislature has established a time limit for the commencement of proceedings of 12 months from the date of issue of the grant of administration. Until a grant of administration issues the clock does not start to run.

The court has the discretion to extend the time limit under s 8 of the Family Provision Act 1969 (ACT) unless the estate of the deceased person has been lawfully and fully distributed.

See Time limit.

Before the court can determine an application for provision, the court needs to ensure that the will before it is the last will of the deceased and to understand the value of the estate. Usually this is achieved by obtaining a grant of probate or letters of administration but if these processes are not required to administer the estate then the court can proceed by a limited grant pursuant to s 91 of the Succession Act (NSW).

Before the court can determine an application for provision, a grant of probate of the will or of letters of administration (as they case may be) must be obtained. A claim for provision cannot be brought unless a grant of representation is obtained.

Before the court can determine an application for provision, a grant of probate of the will or of letters of administration (as they case may be) must be obtained. A claim for provision cannot be brought unless a grant of representation is obtained.

Before the court can determine an application for provision, the court needs to ensure that the will before it is the last will of the deceased and to understand the value of the estate. Usually this is achieved by obtaining a grant of probate or letters of administration but if a grant is not required to administer the estate then the court can proceed to hear and determine the application although a grant has not been made: s 41(8) Succession Act 1981 Qld.

It is a requirement in SA that probate or letters of administration be obtained. If an executor or administrator has not obtained probate or letters then the claimant will need to issue a citation to the executor or administrator to obtain probate.

Before the court can determine an application for provision, the court needs to ensure that the will before it is the last will of the deceased and to understand the value of the estate. Usually this is achieved by obtaining a grant of probate or letters of administration but if these processes are not required to administer the estate then the court can proceed by a limited grant pursuant to s 13 of the Administration and Probate Act 1935 (Tas).

Before the court can determine an application for provision, the court needs to ensure that the will before it is the last will of the deceased and to understand the value of the estate. Usually this is achieved by obtaining a grant of probate or letters of administration.

See Need to obtain probate or administration.

There are many cases where there is not only a challenge to the provision made for an applicant under a will but also a challenge to the validity of the will itself or an issue regarding the construction of the terms of a will.

Before any decision is made to challenge the provision made for an eligible applicant under a will, legal practitioners must make an assessment of the strength of a potential applicant’s case. In undertaking this process practitioners should take instructions and provide their advice based on a number of factors. The instructions obtained will go a long way to determining the strength of the applicant’s claim. 

See Procedure when there is also a challenge to the validity of the will.

See Initial assessment of plaintiff’s claim.

See Initial advice to an executor relation to defending a claim.

It is not unusual for the parties to enter into negotiations prior to proceedings actually commencing and to settle the matter. Settling a matter without resorting to the court process can save a substantial amount in legal fees which come out of the estate.

See Initial settlement negotiations.