Is there a time limit to challenge?

In NSW the Succession Act provides that an Eligible Person must commence Court proceedings for provision out of the estate of a deceased person within 12 months from the date of death.

If proceedings are not commenced within this time then the claimant will be met by a defence that the claim is statute barred and should be dismissed.

Under s.58(s) of the Act the Court has discretion to extend the time for making an order, although such an extension is granted only upon sufficient cause being shown, often where there is no prejudice to the estate, and where the delay is explained by the person challenging the Will, for instance where the claimant was unaware of the death of the Will maker.

If you are considering whether to challenge a Will, or if the time limit to challenge a Will has expired please get in contact with us by completing the online assessment located here to receive a no obligation assessment of your circumstances by an experienced estates lawyer at no cost.