MAKING A CLAIM FOR PROVISION
To make a claim you must fall within the definitions set out in the Succession Act.
There are time limits for disputing a Will and making a claim for provision out of the estate. Notice must be given to the executor within six months from the deceased’s date of death and an application must be made to the Court within nine months from the date of death.
Applications of this nature are usually settled without the necessity of a Court hearing. The rules of the Court assist with the timely management of the matter which include a compulsory mediation.
The costs of the Applicant and the Executor of the Estate are normally paid out of the Estate but this is a discretionary matter for the Court and there are no guarantees. A careful assessment of the merits of the claim are required.
