Join over 19, members and find out about the full suite of membership products and services. This is rarely because the solicitor does not know of the time limit. In one case, the son of the deceased instructed a solicitor to investigate whether his father had made a later will.
Business, Litigation, Property, Family & Estate Lawyers
Pure excellence in matters legal
A claimant may make a TFM application within six months of probate or letters of administration being granted. If a trustee of an estate makes a distribution within this time, the trustee may be held personally liable for a later successful claim. In limited circumstances, the Court may grant an extension in time for a claimant to make a TFM application also see article below.
Got a legal problem?
We are all waiting anxiously for a TFM proceeding to proceed to judgment, to the Victorian Supreme Court, Court of Appeal Division for some judicial guidelines as to the extent of the discretion and meaning of the new s. In particular, how will the Court interpret the new expanded eligibility requirements of s. Section 91 replaces the previous eligibility requirements of "the deceased widow, widower or children" with "a person for whom the deceased had a responsibility to make provision". In effect applications can be made by "any person" with a "family or other relationship" with the deceased for further provision out of the deceased estate. This could include three categories of claimants who potentially have standing to bring a claim depending on their particular facts and circumstances:. Section 91 1 3 4 provides that upon an application by a person the Court may order that adequate provision be made out of the estate of the deceased :.
Family maintenance responsibilities do not cease with the death of a responsible person. In Victoria, the Administration of Probate Act as amended deals with these claims. The courts may order that provision be made out of an estate of a deceased for the proper maintenance and support of a person, of whom a deceased had responsibility to make provision whether a deceased made a Will or not.