How To Make A Claim Against The Estate?

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Strict rules apply to how and when a claim can be made. In Victoria, a claimant has 6 months from the date administration of the estate was granted (section 99 of the Administration and Probate Act). However, a claimant can still bring a claim against the estate after 6 months if he or she shows good reason why he or she did not make a claim within 6 months (for example the claimant was unwell).

When will a claimant be absolutely barred from making a claim?

If the assets of the estate have all been distributed, then a claimant will not be able to make a claim against the estate (section 99 of the Administration and Probate Act). However an executor (the person who administers and distributes the estate) should be careful not to distribute the estate if they have noticed that a person wants to make a claim against the estate. Distributing when notice has been given could expose the executor to a claim against the executor personally.

Seeking assistance

If you are considering making a claim against an estate, we recommend speaking to one of our experienced estate planning lawyers.

If a claim is made against an estate and you are a beneficiary, you should also seek advice from one of our experienced estate planning lawyers.  The executor of the estate is also advised to seek separate legal representation.

If you believe you have been unfairly or unlawfully treated in a will, we can provide you with advice and assistance to help you claim what you are entitled to.

Contact Us today on 1300 880 363 to arrange a consultation with one of our experienced lawyers.

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