Actions in Respect of Wills and Estates

Nature of action Time Limit Period Legislation Provision
A claim to personal estate of deceased person (whether under will or on intestacy). 12 years from death of deceased. s 28 Limitation of Actions Act 1974 (Qld) An action in respect of a claim to the personal estate of a deceased person or to a share or interest in that estate, whether under will or intestacy, shall not be brought after the expiration of 12 years from the date on which the right to receive the share or interest accrued.
Action to recover arrears of interest in respect of a legacy or damages in respect of such arrears. 6 years from date on which interest became due. s 28 Limitation of Actions Act 1974 (Qld)
Applicants to give the personal representative notice of their intention to make a Testator’s Family Maintenance application. 6 months after death of deceased. s 44(3) Succession Act 1981 (Qld) No action shall lie against the personal representative in respect of a distribution made not earlier than 6 months after the deceased’s death and without notice of any application or intended application under ss 41(1) or 42.
Applicant to commence claim for Testator’s Family Maintenance. 9 months after death of deceased. s 41(8) Succession Act 1981 (Qld)