When is the deadline for family provision claim against a deceased estate?
The catalogue records a 6 months period from The date on which the administrator becomes entitled to administer the estate of the deceased in Western Australia. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
This page is in preparation. It does not offer an automated deadline or a paid record until the missing source or calculator evidence is complete.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 6 months
- Trigger
- The date on which the administrator becomes entitled to administer the estate of the deceased in Western Australia
- 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.
- s 7(2)(b): the Court may give leave to file out of time if satisfied that the justice of the case requires it. s 7(3): "A motion for leave to file out of time may be made at any time notwithstanding that the period specified in subsection (2)(a) has expired." There is no outer longstop on the leave application.
- The trigger is NOT the date of death and NOT the date of the grant as such - it is the date the administrator becomes entitled to administer in Western Australia. "Grant" for the purposes of the RSC O 75 procedure includes an order to administer under the Public Trustee Act 1941 ss 10 or 12. Applications are commenced by originating summons (RSC O 75 r 2(1)) with the administrator as defendant. "From" excludes the trigger day (Interpretation Act s 61(1)(b)); months are computed under s 62(3).