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DIY Wills

Three months to twelve, counted from three different days.

Each state’s Act sets its own time limit for an application for provision from an estate, and they don’t all start counting on the same day. Drawn here on one scale, in each Act’s own words.

The Acts' clocks after a deathDrawn to scale

From the death

New South Wales12 months1
Queensland9 months2
036912 months

From the grant, in each Act’s own words

Victoria6 months3
South Australia6 months4
Tasmania3 months5
Australian Capital Territory6 months6
Northern Territory12 months7
036912 months

From the day the administrator becomes entitled to administer the estate

Western Australia6 months8
036912 months

A grant, or an administrator’s entitlement, comes some time after a death, and how long after differs from one estate to the next. So each ruler is drawn from its own starting point, and they are not lined up.

  1. 1

    New South Wales · 12 months after the death

    An application for a family provision order must be made not later than 12 months after the date of the death of the deceased person, unless the Court otherwise orders on sufficient cause being shown or the parties to the proceedings consent to the application being made out of time.

    Succession Act 2006 (NSW), s 58(2)
  2. 2

    Queensland · 9 months after the death

    Unless the court otherwise directs, no application shall be heard by the court at the instance of a party claiming the benefit of this part unless the proceedings for such application be instituted within 9 months after the death of the deceased

    Succession Act 1981 (Qld), s 41(8)
  3. 3

    Victoria · 6 months after the grant

    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.

    Administration and Probate Act 1958 (Vic), s 99(1)

    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.

    Administration and Probate Act 1958 (Vic), s 99(2)

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

    Administration and Probate Act 1958 (Vic), s 99(3)
  4. 4

    South Australia · 6 months after the grant

    Subject to this section, an application for a family provision order must be made within 6 months after the grant of probate or administration.

    Succession Act 2023 (SA), s 118(1)

    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.

    Succession Act 2023 (SA), s 118(2)

    An extension of time to make an application may be granted— (a) on such conditions as the Court thinks fit; and (b) whether or not the time for making an application for a family provision order has expired.

    Succession Act 2023 (SA), s 118(3)

    An application for extension of time under this section must be made before the final distribution of the estate.

    Succession Act 2023 (SA), s 118(4)
  5. 5

    Tasmania · 3 months after the grant

    Except as provided by subsection (2) of this section, the Court or judge shall have no jurisdiction to hear any application, or to make any order under this Act, unless the summons hereinbefore mentioned be taken out before or not later than three months after the date of grant of probate of the will of the deceased person, or letters of administration of the estate of the deceased person, as the case may be.

    Testator's Family Maintenance Act 1912 (Tas), s 11(1)

    Notwithstanding anything in subsection (1) of this section, upon application being made in that behalf by a person claiming the benefit of this Act, the Court or a judge may, after hearing such of the persons affected or likely to be affected by that application as it or he may think fit, extend the time limited by that subsection for the taking out of a summons for such further period as the Court or judge may think necessary.

    Testator's Family Maintenance Act 1912 (Tas), s 11(2)

    The powers conferred on the Court or a judge by subsection (2) of this section may be exercised notwithstanding that the time limited by subsection (1) of this section for the taking out of a summons may have expired (whether that time expired or expires before or after the commencement of this subsection).

    Testator's Family Maintenance Act 1912 (Tas), s 11(3)

    An application under subsection (2) of this section shall be made before the final distribution of the estate of the deceased person, and no distribution of any part of the estate made before the making of an application under that subsection shall be disturbed by reason of that application or of any order made thereon or in consequence thereof.

    Testator's Family Maintenance Act 1912 (Tas), s 11(4)
  6. 6

    Australian Capital Territory · 6 months after the grant

    Subject to subsection (2), an application for an order under section 8 shall be made within a period of 6 months after the date when administration in respect of the estate of the deceased person has been granted.

    Family Provision Act 1969 (ACT), s 9(1)

    The Supreme Court may, after hearing such of the persons affected as the court thinks necessary, extend the time within which an application may be made under section 8.

    Family Provision Act 1969 (ACT), s 9(2)

    An extension of time under this section may be granted— (a) on any conditions that the Supreme Court thinks fit; and (b) whether or not the time for making an application has ended.

    Family Provision Act 1969 (ACT), s 9(3)

    An application for the extension, under this section, of the time within which an application for provision out of the estate of the deceased person may be made under section 8 shall not be made after the estate of a deceased person has been lawfully and fully distributed.

    Family Provision Act 1969 (ACT), s 9(4)
  7. 7

    Northern Territory · 12 months after the grant

    Subject to subsection (2), an application for an order under section 8 shall be made within a period of 12 months after the date on which administration in respect of the estate of the deceased person has been granted.

    Family Provision Act 1970 (NT), s 9(1)

    The Court may, after hearing such of the persons affected as the Court thinks necessary, extend the time within which an application may be made under section 8.

    Family Provision Act 1970 (NT), s 9(2)

    An extension of time in pursuance of this section may be granted: (a) upon such conditions as the Court thinks fit; and (b) whether or not the time for making an application has expired.

    Family Provision Act 1970 (NT), s 9(3)

    An application for the extension, under this section, of the time within which an application for provision out of the estate of the deceased person may be made under section 8 may not be made after the estate of a deceased person has been lawfully and fully distributed.

    Family Provision Act 1970 (NT), s 9(4)
  8. 8

    Western Australia · 6 months after the administrator becomes entitled

    No application under subsection (1) shall be heard by the Court unless — (a) the application is made within 6 months from the date on which the administrator becomes entitled to administer the estate of the deceased in Western Australia; or (b) the Court is satisfied that the justice of the case requires that the applicant be given leave to file out of time.

    Family Provision Act 1972 (WA), s 7(2)

    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.

    Family Provision Act 1972 (WA), s 7(3)

Three starting points

Where an Act counts from the death, its row sits on the first ruler. Where it counts from the grant of probate or administration, its row sits on the second. Western Australia’s Act counts from the day the administrator becomes entitled to administer the estate, so it has a ruler of its own.

Every ruler uses the same scale of months, so on any one ruler the difference between the states is the difference in the bars. Under each row, the note quotes its Act’s time limit and the subsections near it about a court allowing more time; the link opens the whole section.

Thirty days, written into the Act

If a disposition of property is made to a person who dies within 30 days after the testator’s death, or, if that or another period for survival appears in the will, within the period appearing in the will, the will is to take effect as if the person had died immediately before the testator.

Succession Act 2006 (NSW), s 35(1)

This section does not apply if a contrary intention appears in the will.

Succession Act 2006 (NSW), s 35(2)

A general requirement or condition that a beneficiary survive the testator does not indicate a contrary intention for the purposes of this section.

Succession Act 2006 (NSW), s 35(3)

If a disposition of property is made to a person who dies within 30 days after the testator’s death, the will takes effect as if the person had died immediately before the testator.

Succession Act 1981 (Qld), s 33B(1)

Subsection (1) does not apply if a contrary intention appears in the will.

Succession Act 1981 (Qld), s 33B(2)

A general requirement or condition that a beneficiary survive the testator is not a contrary intention.

Succession Act 1981 (Qld), s 33B(3)

The thirty days

The New South Wales and Queensland Acts, quoted here, each write thirty days into the Act for a gift in a will to a person who dies soon after the will-maker.

Subsections (2) and (3) of each, quoted with them, say when a will changes this and when it does not.

Where the words come from

Every sentence in quotation marks on this page is copied from the Act or rules named beneath it. Acts change; the link opens the version in force today.