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My mother had prooerty in her name that git signed over theo

Customer Question
my stepfather.He is asking...
my mother had prooerty in her name that git signed over theo my stepfather.He is asking my mother sold all the property's before she died in5 / 17 & mum didn't mention it to me and propertg are not even 4 sale yet with tenants still in tgem.These properties were suppose to be left to me ?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: sorry l made mistakes ;Nsw Australia
JA: Has anything been filed or reported?
Customer: no his soclistitor and my stepfather dud the Will name change behind closed doors
JA: Anything else you want the lawyer to know before I connect you?
Customer: l am her only child & l was going to share with my children & niw there is only one property left which k thinj l'm getting lve never seen the will.only the grand child have been left money
Submitted: 4 months ago.Category: Australia Law
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Customer reply replied 4 months ago
Onky l know my Stepfather always wanted to sell tge properties and put the money in bank, Mum wabtrd to keep them fir the family and my stepfather is lying that my mother sold the properties befire she dued and he's selling thrm now, hiw can he do thus when their is my mother name but in her will l think ut say it goes to him but l know fir sure my Mother's house l would be in title too
Customer reply replied 4 months ago
l am the benafIser on my mother's will abd my stepfather has not shiwed me the Will
Customer reply replied 4 months ago
sporry my reading glasses l need new ones sorry for the mistakes
Customer reply replied 4 months ago
Should l wait here or can l leave your website ?
Customer reply replied 4 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 4 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 1 hour by:
7/13/2017
Solicitor: John Melis,
 replied 4 months ago
John Melis
Category: Australia Law
Satisfied Customers: 796
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, your matter relates to making a Family Provision claim.

Where a party would like to dispute the distribution of a last will and testament, or considers that they are entitled to part of the estate, a claim needs to be made which is called a ‘family provision claim’.

The family provision claim must be done in a specific time frame per section 99 of the Administration and Probate Act 1958. (Vic) NSW has similar provision.

Section 99 of the Act provides:

99. Time within which the application may be made:

1) An application to the Court for a family provision order must be made within 6 months after the date of the grant of probate of the will or of letters of administration, as the case may be.

2) Despite subsection (1), on application, the Court may extend the period for making an application for a family provision order if, after hearing such of the parties affected as the Court thinks necessary, the Court considers it appropriate to extend the period, including in any case where the time for making an application has already expired.

3) An application for extension under subsection (2) must be made before the final distribution of the estate.

4) The making of an application for extension under subsection (2) and any order for the Court in relation to the application for extension does not disturb or affect the distribution of any part of the estate made prior to the making of that application.

The important point about the law is that an application cannot be brought by a party until a grant of representation has been made by the Court.

The time frame that applies to a party to raise a family provision claim is 6 months. This time frame starts when the grant of representation is made by the Court. So as example, if the grant is issued by the Court on the 2 November, the claimant has up until midnight 2 May to file a family provision application.

If an application is not made in time by a party seeking a family provision order, the Court may extend the period past 6 months at their discretion. Each case will be assessed on its own circumstance. A few examples of where an extension may apply include: the lawyer appointed failed to bring an application in time; the applicant did not understand that they had a right to make a claim; and where an applicant is a minor. There numerous possibilities that may apply for an extension, however, keep in mind the Court has discretion as to whether to accept the claim put forward or not by the applicant.

In demonstrating a rejection for a family provision extension claim the Court case of Younan v Younan (No.2) [2015] is a good example. In this case an elderly daughter of the deceased who had a valid right to raise a claim against the estate, failed to make a claim within the 6 month time limitation set by the Act. The family provision application was submitted one day late, this being one day after the six month limitation period. A claim was made to the Court for an extension of time, which the Court denied.

The Younan case demonstrates the importance that the time limits are strict under the Act, and that any family provision claim should be acted upon with urgency.

I recommend that you request telephone services to discuss further.

Kind regards *****

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John Melis
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