NSW Time limit for family provision claim

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Simon123!

Active Member
8 April 2020
8
2
34
Hi, there is a limit of 12 months from death ( not grant of probate ) to lodge a family provision claim - yes?

I believe that a claim can still be lodged after this period but there would need to be a sufficient cause for this. Can I ask what type of reasons could constitute sufficient cause?..... the purpose if my asking is I am wondering if someone who was not a direct blood relation, but through marriage was part of a greater family, being able to lodge a claim say 18 months to 2 years after a death due to the fact that they simply didn't know of the passing. While there could be argument they are family, at most the relationship is acquaintance based only....
 
If the assets of the estate have already been distributed then it is going to be very difficult for a claim to be successful. The time limit within which to make the claim is dictated by the State you are in. I suspect that you may be in NSW. If so, then yes to the 12 month time limit. As for the person in question being eligible to make the claim, he/she may struggle if not a 'blood relative' unless he/she was in a relationship with or dependent on the deceased.
 

Simon123!

Active Member
8 April 2020
8
2
34
Thanks Suzy. There is no contact with the individual so they probably would not know about the death until 12 months or so after death....and you are right I am in NSW. In the past 12 months they have gone after their maternal relatives estates (uncle and grand parent). The estate I am asking about is their step parents estate. They were paid out when their mother passed but given what I have just seen happen I suspect they will lodge a claim for the step parents - even though they received a 25% share in cash which included a contract relinquishing all claim on property which formed most of the estate.