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Wills & Estates

Does the six-month deadline for a dependant support claim run differently if the dependant is a minor?

TSL Written by the Treadstone Law team· Updated August 2026

The six-month limitation under SLRA s.61(1) runs from the grant of probate or letters of administration regardless of the dependant's age, so it doesn't pause or restart simply because the dependant is a minor. In practice, though, a minor can't be expected to bring a claim alone, so someone else — a parent, guardian, or the Children's Lawyer — typically needs to act on the minor's behalf within that window. A court also retains discretion under s.61(2) to allow a later application against any part of the estate that remains undistributed, which can matter where a minor's interests weren't promptly addressed.

This is a genuinely fact-specific area, and a minor's potential claim shouldn't be treated as automatically safe just because they're young — the estate trustee or family shouldn't assume there's extra time as a matter of course. If a minor may have a dependant support claim, the adults responsible for that child's interests should get legal advice promptly rather than wait, since missing the window while an estate is being distributed narrows what remains available under the s.61(2) discretion.

Key takeaways

  • The six-month clock runs the same way regardless of the dependant's age.
  • Someone else usually has to act on a minor's behalf within that window.
  • Courts can allow a later claim against undistributed estate assets under s.61(2), but this isn't guaranteed.
  • Don't assume a minor's claim is automatically protected — get advice promptly instead.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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