It is very important that a claim against the estate under the Act is lodged in court within the time period specified by law.

If a claimant fails to file their application within the time limit, their application will not be heard without the court first providing ‘leave’ or permission for the application to proceed. If the court rules that an application filed out-of-time is not permitted to proceed due to the time delay, then unfortunately the claimant will have lost their opportunity to make a Family Provision Claim under the Act.

For information on how to apply for probate, click here.