What factors influence the success of a Family Provision Claim?
In New South Wales, a Family Provision claim must be filed within twelve (12) months from the date of death of the deceased person. We recommend notifying the executor or administrator of the estate of your claim within six (6) months from the date of death, well before the expiry of the time limit, to avoid any complications or distributions of the estate.
If the application is late, the Court may grant an extension of time if the applicant can show sufficient cause for the delay. However, extensions are only made by the Court in special circumstances and are not guaranteed. Significant considerations for the Court in deciding whether or not to grant an extension include whether there is a sufficient explanation as to the reasons for the delay in filing the application, whether the estate has already been distributed, whether beneficiaries of the estate would be unfairly prejudiced by allowing a late application, and the strength of the claimant’s claim.