NSW Penalties or Time Limit for Late Filing of Will?

[cherie]

My grandmother died on Sept 2014, and my father has not filed her will as yet. Is there a time limit or penalties for not doing so?

 

[Sophea]

By "filing" do you mean obtaining probate?

The Supreme Court Rules of NSW, state that an application for probate must be made within 6 months after the date of death. If an application is made after this time, you must submit an affidavit providing a reasonable explanation for the delay.

The six month rule however will not apply if a family provision application has been made.

 

[cherie]

Thank you for your reply, it was helpful. yes I was talking about probate as I was worried because my father has not done anything about the will (which he is not the only beneficiary of) and with his health not the best, it had me concerned about what would happen if something were to happen to him.

 

[Sophea]

That's a valid point Cherie, if your father is executor of your grandmother's will and something was to happen to him, such that he could not fulfil his role as executor. The court would appoint another executor in his place.