Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

NSW Re-open Estate - Contesting a Will

Discussion in 'Wills and Estate Planning Law Forum' started by Steve500, 29 April 2015.

  1. Steve500

    Steve500 Well-Known Member

    Joined:
    10 March 2015
    Messages:
    61
    Likes Received:
    3
    Can an Estate be re-opened if someone has a valid reason/mitigating-circumstances, why they didn't make a family-provision claim and contest the Will in the time allowed for contesting a Will?
     
  2. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    391
    Likes Received:
    110
    it depends on if the estate has been completely distributed and the reasons for requesting an extension,
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Steve500

    Steve500 Well-Known Member

    Joined:
    10 March 2015
    Messages:
    61
    Likes Received:
    3
    Okay in this example, there's valid reasons for an "Extension", but the estate has been completely distributed, any ideas from there, where to now then?
     
  4. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    391
    Likes Received:
    110
    Chance of success after distribution(trusts are not distributed) is vanishingly small.
    You would need to demonstrate some error that meant the estate should not have been distributed.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;