What happens if the Family Provision Application time limits have expired?

In exceptional circumstances the court can extend the time limits imposed for bringing a claim.

The applicant must establish sufficient grounds for an extension. The court will have regard to the following:

      1. the reasons given for the delay;
      2. any prejudice of beneficiaries, and
      3. any unconscionable conduct on the part of the applicant.

There is no guarantee that the time limits will be extended, so it is important to ensure the six and nine month time limits are complied with.

Further Reading

When can a Family Provision Application be made?

What is a Family Provision Application?