If you are considering claiming against an estate it is important to act sooner rather than later. The court in Queensland will refuse to hear your claim if you have unexplained delays.
To claim for further provision against an estate, you must be an eligible person as defined by the Succession ACT 1981 (Qld). – can we place a hyperlink here to the succession act?
Once you have confirmed you are eligible to make a claim, it is important to give your intention to claim through a formal notice to the executor or administrator of the estate within six months from the date of the death of the deceased.
Ensure that your formal notice is in writing. It is also advisable to request that the executor or administrator acknowledge that they have received your notice.
You have nine months from the date of the death of the deceased to file your claim with the appropriate court in Queensland. This must be done after you have given notice to the executor or administrator of the estate.
The value of the estate will determine which court your claim should be filed in. Our solicitors with assist you with this process.
If you have missed or were not aware of the above time limits, it is up to the court to determine whether it will accept your claim.
The court will consider the following before hearing a claim for further provision out of time:
Ideally, it is best to claim within the time limits set out in the Succession Act 1981 (QLD). But in some cases, this isn’t always possible. If you would like further information or need assistance with your claim, please contact our offices and we will be happy to assist you.