When is the deadline for notice to a personal representative before safe distribution (family provision)?
The catalogue records a 6 months period from The death of the deceased. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 months
- Trigger
- The death of the deceased
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- This is not a limitation period on the claimant but the practical deadline that drives Queensland practice: a personal representative may safely distribute from 6 months after death unless notice of an application or intended application has been received, and from 9 months if such notice has been received. Notice must be in writing signed by the applicant or the applicant's solicitor (s 44(4)). Corrected on verification: the researched entry said 's 44(5)' provides that giving notice within 6 months does not extend the s 41(8) 9-month period. It says the opposite sort of thing: 'nothing in subsection (4) shall prevent the subsequent making of an application within any other period allowed by or pursuant to this part.' The correct proposition is that giving a s 44 notice is not itself an application and does not displace the s 41(8) requirement to institute proceedings within 9 months. Source: Succession Act 1981 (Qld) ss 41(8), 44, legislation.qld.gov.au current reprint.