NSW Time limit for family provision claim

[Simon123!]

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....

 

[Suzi]

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!]

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.