Episode 8 Family Provision Time Limits

Tony Skinner asks Maree about time limits for contesting a will.Marie explains that time limits vary by state, with New South Wales having a 12-month period from the date of death.If a will is not contested within this time, an out-of-time application can be made with court leave or the other party's consent.Factors Affecting Court Decisions on Time LimitsTony inquires about the likelihood of courts favoring late applications due to overseas residents being unaware of the deceased's passing.Maree states that court decisions depend on the case, and late applications require sufficient cause.She emphasizes the importance of timely legal advice to avoid issues with late applications.Maree notes that if the estate has been distributed, making a late application is very difficult.Circumstances Justifying Late ApplicationsTony asks about the feasibility of late applications if family members find out about the deceased's passing much later.Maree explains that being a minor at the time of death could be sufficient cause for a late application.She advises seeking legal advice immediately after the deceased's passing to ensure timely contesting of the will.Maree reiterates the importance of adhering to state-specific time limits for contesting a will.Evaluating the Worth of Contesting a WillTony asks if contesting a will is worth it.Maree explains that the worth of contesting a will depends on the circumstances and is assessed on a case-by-case basis.She mentions that considerations include the size of the estate, the applicant's financial circumstances, and any competing claims.Maree uses the analogy of an estate being a pie, with the question being whether the applicant can get a piece of it.Emotional and Financial ConsiderationsTony discusses the emotional and financial challenges of contesting a will.Maree acknowledges the costs involved, including court fees and lawyer fees.She explains that some solicitors offer contingency cost agreements, which can be beneficial but come with additional fees.Maree notes that defendant's fees are usually paid from the estate, while applicants are responsible for their own fees.Funding Arrangements and Legal AdviceMaree discusses funding arrangements that can assist plaintiffs in contesting a will.She emphasizes the importance of determining the type of agreement with the lawyer based on the specific circumstances.Maree reiterates that contesting a will involves making an application for provision or further provision from the estate.She reiterates the time limits for contesting a will in New South Wales and the need for sufficient cause for late applications.