Succession Act 1965 section 62

Time allowed for distribution

Section 62 sets out the timeframe within which the personal representatives of a deceased person must distribute the estate, and the restrictions on legal proceedings for failure to do so.

• Personal representatives must distribute the deceased's estate as soon as is reasonably practicable after death.
• What counts as "reasonably practicable" depends on the nature of the estate, how it must be distributed, and all other relevant circumstances.
• Beneficiaries cannot bring legal proceedings against personal representatives for failure to distribute until at least one year has passed from the date of death, unless the court grants special permission.
• Creditors of the deceased are not affected by this one-year restriction and may bring proceedings against the personal representatives at any time.

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