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.
Read some more FAQS from our Family Provision section