If you are considering claiming against an estate it is important to act sooner rather than later because there are time limits for this action. The court in Queensland will refuse to hear your claim if you have unexplained delays.
Are you eligible?
To claim for further provision against an estate, you must be an eligible person as defined by the Succession ACT 1981 (Qld).
You must give notice to the legal representative of the estate.
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.
Your claim must be filed with the appropriate court.
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 estate solicitors with assist you with this process.
Can you claim for further provision from an estate if you have missed the time limits?
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:
- Whether there is an adequate explanation for the delay.
- Whether there would be any prejudice to the beneficiaries.
- Whether there has been any unconscionable conduct by the claimant.
- The strength of the claimant’s case.
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.
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This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.
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