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Justine Aubin: Hi, everyone. My name is Justine Aubin. I’m a solicitor here at Turnbull Hill Lawyers and I specialise mainly in contested estates.

Today, I wanted to do a video on time limits in relation to family provision claims. If you’ve been left out of a will or you’re thinking of contesting an estate and making a family provision claim, you need to be mindful that you have 12 months to do so from the deceased’s date of death.

The reason for this is that the legislation in New South Wales makes it very clear that if you are wanting to make a family provision claim, you need to do so within 12 months from the deceased’s date of death. If you are outside that 12-months time limit and you are thinking of contesting an estate and making a family provision claim, please give us a call. There are circumstances in which you may be able to do so. However, you will need to obtain leave from the court. Basically, this means that the court will need to allow you to do so. This will depend on different factors and circumstances.

Please be mindful that there are different time limits depending on the states and territories in Australia. Whilst I mainly specialise in New South Wales, the team here at Turnbull Hill Lawyers can service and can assist you in matters relating to different states and territories. So, whether you are within the 12-months time limit or outside the 12-months time limit, please give us a call at Turnbull Hill Lawyers and we should be able to assist you. Thank you.

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