Tick Tock, The Clock’s On: Time Limits For Making A Claim On An Estate

  • husband, wife or de facto partner;
  • child;
  • grandchild;
  • stepchild; or
  • parent.
  • the length of the delay;
  • the reason for the delay;
  • the promptitude with which the claimant gave warning of the proposed application to the defendant;
  • whether negotiations commenced within time but had not been concluded when time had elapsed;
  • whether the estate had been distributed at the time the executor had notice of the action;
  • whether any beneficiary has changed their position in reliance on the distribution;
  • whether the claimant has an arguable case;
  • whether, if an extension was refused, the claimant would be left without redress against any other party; and
  • whether, if an applicant instructed solicitors, he or she took steps to ensure the solicitors pursued the claim.
  • the length of delay marginally favoured a refusal of the application;
  • the notice provided to the executor did not weigh either way;
  • the distribution of the estate did not weigh either way; and
  • the plaintiff’s claim was arguable but not strong.



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Aiden Dallas

Aiden Dallas

As a freelance copywriter I love the flexibility of working anywhere across the globe and all the opportunities that come with it.