Time Limits

• Claims must be brought within 12 months of the date of death of the testator; or
• If later than 12 months, with the leave of the court; or
• The parties to the proceedings consent to a out of time application

3-step Process

• The claimant must establish eligibility.
• If so, has the claimant has been left without adequate provision.
• If so, what provision should be made pursuant to the Act.