If you are eligible to challenge a will on the basis that you do not receive adequate provision, the limitation provisions state that you must commence action before the expiry of 12 months after the date of death.
This time period can expire quickly during periods of grief and times of tensions within a family.
If you have a potential claim it is also important to try and negotiate a settlement before you are forced to commence action in the Supreme Court before the 12 months expire.
If you believe you do not receive sufficient provision under a will, you should contact me without delay.
We offer obligation free consultations in these types of matters and “no win no fee” arrangements, with no up-front payments in some circumstances.
Please note that in special circumstances the limitation period can be extended either by consent amongst the parties or by order of the court.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au
This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.
