What happens if the time limit to contest proceedings has expired?

In New South Wales the time limit to commence proceedings for a family provision claim is 12 months from the date of death of the deceased person.

You may be able to seek leave of the Court to file outside that time limit.*

To do so, you would have to explain to the Court that there were special circumstances in lodging a claim out of time.

Some of these special circumstances could include:

1. You were not aware that the person died; and/or
2. You were unaware of the relevant time limit.

There are other circumstances which the Court may consider.

You should seek legal advice urgently, and without further delay.

*Not all applications for leave to file an out of time claim will be successful, and you should contact us to discuss immediately.

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