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Time constraints on settling deceased estates

Power of Attorneys, Wills and Estate

Time constraints on settling deceased estates

Making a claim against a deceased estate comes with strict time limits in Queensland.

Anyone wanting to make a claim has six months from the date of the death of the deceased to file with the court. This must be done after giving notice to the executor or administrator of the estate.

But what happens if that time limit has expired? Are there exceptions to the rule?

Once the six-month time limit has passed, the executor of the Will is free to distribute any bequests. It’s legally, and practically, harder to recoup these assets after everyone has received their bequests.

In Queensland, a claimant only has nine months from the testator’s date of death to file an application with the court. 

It is essential that a claimant meets this deadline because the court can summarily dismiss any claim that is filed after the statutory deadline.

In some cases, the Supreme Court may hear a late application if they feel the claimant has made a substantial case for an extension. The court might grant the application, based on several factors including:

  • The length of the delay;
  • The reason for the delay;
  • Whether the estate is already partly or wholly distributed;
  • Whether the executor or beneficiaries object to the extension of time limits; and
  • Any other factors the court deems relevant.

It’s important to note, the court will only allow an extension of the time limit if there is an adequate justification. Someone who was aware of the person’s death and the relevant time limits has little excuse for missing the deadline to make a claim. 

On the other hand, the person may have a legitimate excuse if they were not aware of the death, or was unaware of the time limit, or did not receive correct advice from their solicitor.

Dealing with Wills and Estates can be an emotional and unsettling time for everyone involved. Here at GLG Legal, our experts can make sure you meet every deadline, and that matters are settled to your satisfaction.

Contact our office on: (07) 3288 3511 or email: info@springfieldlegals.com.au to make an appointment.