VIC Time Limits on contesting a Will in Victoria??

Discussion in 'Wills and Estate Planning Law Forum' started by Anthony23, 19 February 2018.

  1. Anthony23

    Anthony23 Active Member

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    I'm an executor of my Mothers will, probate was granted on 3rd Nov 2017, my sister put me on notice on the 16th Nov 2017 to make a TFM Part IV claim to our lawyers. The Part IV law in Victoria states 2 time limits, 6 months to contest a will and 3 months from being put on notice. The 3 months has now past and we have had no notification from the courts or my sisters lawyer that they have started the process... Our lawyer states that she can still make a claim within the 6 month period, she now has less than 3 months to do that....

    Why does the part IV time limits state the 3 month period when it happens within the 6 month time limit...... We have been counting down the 3 months only to be told we now have to wait 6 months... Can anyone tell me what the 3 months is for???

    My interpretation now, is that when the 3 months has expired they cannot goto the courts until they put us on notice again??? Unfortunately I'm an engineer and a practical thinker, not a lawyer. If anyone could give me a second opinion that would be great......
     
  2. Rod

    Rod Lawyer
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    What law are you referring to?

    What is a TFM? (x Family Member)

    The ADMINISTRATION AND PROBATE ACT 1958 - SECT 99 refers to 6 months in which to make a family provision claim.

    Section 99A refers to action against the executor and has a limit of 3 months.

    Different time periods for different causes of action.
     
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  3. Anthony23

    Anthony23 Active Member

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    Rod, Thanks Section 99A. Regars
     
  4. Anthony23

    Anthony23 Active Member

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    Hi, Section 99A. The 3 months. Thx
     
  5. Rod

    Rod Lawyer
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    I can't see anything saying a family member cannot give more than one 'notice of intention'. As such they can give as many notices as they like within the 6 months period, but then have to make an application to court within 3 months of giving the notice of intention. Effectively by giving a notice of intention a family member can extend delaying court action out to nine months.

    Though there is an argument that s 99a(4)(c) says a notice cannot be renewed. You'd need to talk to your lawyer as I do not know how this sub-section has been judicially interpreted.


    BTW I suspect there's a typo in s99A(4) which says:

    (b) lapses within 3 months from the receipt of the notice by the personal representative unless an application for a family provision order has been made to the Court; and

    I think it means to say:

    (b) lapses AFTER 3 months from the receipt of the notice by the personal representative unless an application for a family provision order has been made to the Court; and
     
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