When is the deadline for application for a family provision order?
The catalogue records a 6 months period from The grant of probate or administration. 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 grant of probate or administration
- 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.
This route remains in preparation until a pinpoint official source is recorded.
- Section 118(2): "The Court may, after hearing such of the persons affected as the Court thinks necessary, extend the time for making an application for a family provision order." Section 118(3): an extension may be granted on such conditions as the Court thinks fit and whether or not the time has already expired. Section 118(4): an application for extension MUST be made before the final distribution of the estate. Section 118(5): distributions made before the application for extension are not to be disturbed.
- CURRENCY: the Inheritance (Family Provision) Act 1972 (SA) has CEASED. Family provision is now governed by Part 6 of the Succession Act 2023 (SA). Do not cite the 1972 Act. The related court rules are UCR 2020 Chapter 21 Part 4 (rr 254.12 to 254.15). The hard cut-off on the extension power is final distribution of the estate, not a fixed date.