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How long after the death of the testator must a family provision claim be made?

  • Each state and territory has different rules and different time limits.
  • For some the clock starts ticking from the date of death while for others the clock starts from the date administration is granted.
  • For example NSW allows up to 12 months from the date of death while Tasmania allows up to 3 months from the date administration is granted.
  • You need to check the relevant legislation in your state or territory to find out the prescribed time limit that applies to you.
  • Courts generally only grant extensions to time limits in extraordinary circumstances.

 

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