When you are considering contesting a Will, timing is important.
You should be aware that in commencing proceedings in New South
Wales to contest a Will, you have 12 months from the date
of the deceased's death to bring your claim.
The Court does have power to extend the time limitation under
section 58(2) of the Succession Act 2006 (NSW), however
the Court must be satisfied that the person bringing the claim can
show sufficient cause, or that the parties consent to the
application being made out of time.
In determining what constitutes sufficient cause, Justice
Hodgson in the case of Lewis v Lewis stated that
"sufficient cause must be taken to mean sufficient
explanation or sufficient justification or excuse". The
Court in its consideration would look at factors such as:
