Inheriting assets can be a complex and emotional process, especially if there are disputes among beneficiaries or claims that the will is unfair. In Sydney, and throughout New South Wales (NSW), there are specific time limits within which an inheritance can be contested. Understanding these deadlines is crucial to ensuring that any will challenges, claims or disputes are addressed legally and effectively.
Required Time Limits
In NSW, the time limit for a will challenge is generally 12 months from the date of the deceased’s death. This period is set under the Succession Act 2006, which governs the administration of deceased estates in the state. The 12-month window allows eligible persons to challenge the will if they believe they have not been adequately provided for or if there are concerns about the validity of the will.
Eligibility
Eligible persons who can contest a will include the deceased’s spouse or de facto partner, children, former spouses, dependents, and those who were in a close personal relationship with the deceased. Each claimant must demonstrate that they have been left without adequate provision for their proper maintenance, education, or advancement in life.
While the 12-month limit is standard, the court has the discretion to allow an application to be made out of time if there are sufficient reasons. Factors such as the length of the delay, the reasons for the delay, and whether the estate has been distributed already can influence the court’s decision. However, it is advisable to act promptly and engage inheritance dispute lawyers in Sydney, to avoid complications and reduce the likelihood of the court refusing an extension.
What To Consider When Contesting an Inheritance
When considering contesting an inheritance, it is essential to seek legal advice from inheritance dispute lawyers in Sydney, as early as possible. A solicitor specialising in estate law can provide guidance on the merits of the case, help gather necessary evidence, and ensure that the claim is filed within the prescribed time frame. Additionally, legal advice can assist in exploring alternative dispute resolution methods, such as mediation, which may provide a more amicable and cost-effective solution than going to court.
Understanding the time limits for contesting an inheritance in Sydney is vital for anyone who feels they have been unfairly left out of a will or inadequately provided for. Acting swiftly and seeking professional legal assistance from inheritance dispute lawyers in Sydney, can make a significant difference in the outcome of such disputes.
Contact The Will Challenge Lawyers today for expert advice and information on inheritance disputes.
