A Family Provision Application must be made within 12 months of the deceased’s death. The court will only allow an application to be made out of time if there is sufficient cause. The question then arises: what factors are needed to prove sufficient cause?
To demonstrate financial need and enable to court to determine the provision which the applicant should have received, the applicant must provide full and frank disclosure of their financial affairs.
In NSW, under the Succession Act and pursuant to Practice Note SC Eq 7 – Family Provision, unless the court orders otherwise, all family provision claims must go through mediation before the matter can proceed to a final hearing.