Losing a family member is one of the hardest, most heart-wrenching things a person can go through and taking the time to grieve is the most important you can do at such a time. However, as inappropriate as it may sound, obtaining legal advice on the estate left behind by the person is equally as important.
This is especially the case where the death is sudden or unexpected, but in all cases you need to be aware of the strict time limits that apply to both distributing the Estate and bringing claims against an Estate, where you have been left out of a Will, or have not been adequately provided for.
In Queensland the time limit to lodge a claim against an Estate is six months from the date of death. You must provide a notice of intention to bring the claim to the executor of the Estate prior to the expiry of this period. Following this the relevant court proceedings must be filed with the Court within nine months of the date of death.
While in New South Wales the time limit to lodge a claim is twelve months from the date of death. However an executor can advertise their intention to distribute the Estate after six months from the date of death. So if you intend to file a claim in New South Wales it’s important to act well before the expiry of the time limit.
These time limits are extremely strict, which is why it is important to obtain legal advice as soon as possible after the death of a loved one if you are intending on contesting a will, or making a claim against the Estate.
There are of course various grounds to bring a claim outside of these time limits and your lawyer can provide more advice on these if you are in this position.
On the other hand, if you are an executor of an Estate it is equally important to be aware of these time limits in administering the Estate. As an Executor, you probably have a fair idea of if a claim may be made against the Estate, and by who.
Therefore it is worth obtaining legal advice as soon as possible after the death of a loved one. A lawyer can assist you with the administration of the Estate and provide advice on how best to manage a claim against the Estate.
It’s important that the Estate is not distributed within the time limits detailed above as you may then be liable for any claims made against the Estate.