Estate Litigation
Out-of-Time Claims and Extensions
Strict time limits apply in estate litigation. In most cases, a family provision claim must be filed within 12 months from the date of death.
If this deadline has passed, it may still be possible to apply for permission to bring an out-of-time claim, but the court’s approval is required and urgency is critical.
At Ryan ad Ryan Lawyers, we provide clear advice to clients considering late applications and act quickly to assess whether an extension may be available
Applying for an Extension of Time
To proceed with an out-of-time claim, you must first obtain the court’s permission. The court will carefully consider whether it is appropriate to allow the claim to be brought after the usual deadline.
What the Court Considers
When deciding whether to grant an extension of time, the court may consider:
- the reason for the delay
- whether the estate has already been distributed
- the strength or merits of the proposed claim
- any prejudice to beneficiaries or the estate
Each case is assessed based on its individual circumstances.
Why Urgency Matters
The longer the delay, the less likely it is that an extension will be granted.
Once an estate has been fully administered or distributed, bringing a claim can become significantly more difficult.
We Can Help
Seeking legal advice as soon as possible can be critical to preserving your rights.
If you believe you may be out of time to bring an estate claim, it is important to act quickly.