Contesting a will – time limits on making an application

Time limits to contest a will

Time limits under succession law on family provision limit when you can contest a will.  Most states and territories family provision legislation provide for some time limit, often the period is six months but it can vary. time limits, family provision, family provision law, farm, Western Australia, contest a will,

The time period might start from the date of death or from when probate is granted.  If you are thinking of challenging a deceased person’s will, and you are an eligible person under the law, it is important to be mindful of the time limit.  To find out when see the legislation on family provision or testator’s family maintenance in this table, or consult a local solicitor.

But what if the time period has passed? Most legislation provides the Court with a discretion to extend the time within which to make an application, but it is not automatic and the Court’s permission to file must be sought first. Legal assistance is essential.

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Meaning of words in a will – resolving differences in a farmland context

meaning of will, farm succession, farm inheritance, meaning of plant and equipmentThe meaning of words and phrases used by a willmaker when leaving a specific gift may adequately express their intentions, at least to them at the time.  However sometimes matters connected with the gift may arise down the track during administration of the estate.

These may generate uncertainty for executors as to the right course of action when distributing the estate to the beneficiaries according to the deceased’s will. In a recent Western Australian case1 the executors sought directions from the Court concerning the interpretation of a clause disposing of farmland.

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Personal items in a deceased estate

personal items, personal effects, belongings, deceased estate, will, willmaking, testator, personal thingsPersonal items can have important sentimental value.  They may be family heirlooms passed down to keep within the family, with unique stories to tell.  Personal items may have little commercial value, or maybe of significant monetary worth in the case of jewellery, antiques, artworks and the like.

What might “personal items” mean in succession law?  What happens if you don’t leave any instructions as to who takes your personal things and you die intestate? Who is entitled under the law to take your personal items then?  More