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Acting for the Estate

 

Full guide

A. GETTING THE MATTER UNDERWAY

Getting the matter underway 
  1. File cover sheet
  2. Instruction sheet acting for the estate
  3. Letter to client with fee agreement
  4. Costs agreement - civil litigation
  5. Offer of compromise
  6. Calderbank Offer

B. SETTLING IT EARLY

Settling it early
  1. Deed of settlement family provision claim
  2. Consent orders for provision made in the proceedings

C. GOING TO COURT

Going to court
  1. Appearance - form 6
    Claims for additional provision
Plaintiffs under a legal incapacity - tutors

If required

Consent to act as tutor - Form 30

Necessity for a grant
Time for bringing the claim
Notice to eligible persons

2.  Notice of claim for provision

Estate and notional estate
Prescribed transactions
Distributed estate
Powers and restrictions regarding notional estate
Ancillary orders
Form of provision that may be awarded
Discharge of property from liability

3. Notice of motion - form 20

Revocation of release of right

4. Notice of motion - form 20

Notice of intended distribution

5. Letter to Herald with notice of distribution

6. Notice of intended distribution of estate

Evidence to be filed by the estate

7. Affidavit of executor administrator of the estate

First return date of the summons

8. Timetable for the filing of evidence

Evidence to be filed by the plaintiff

9. Affidavit - form 40

If required

Plaintiff's affidavit used in family provision matters - Practice Note No. SC Eq 7

Evidence of statements by the deceased

10. Affidavit - Form 40

Evidence of the value of real property
Discovery, subpoenas and notices to produce

11. Application to issue obtain a return date for subpoena for production

12. Subpoena to produce - Form 26

13. Notice to produce to court - Form 24

Allocation of a hearing date
Mediation
Pretrial directions

14. Chronology

15. Outline of submissions

16. Solicitors affidavit as to costs

Costs
Briefing counsel

17. Brief to counsel

Post proceedings orders to be lodged



© Copyright By Lawyers, 2007, Sydney. All rights reserved.Last Updated: 30/07/2010


 

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All Areas of Law > Wills, Probate & Administration > Family provision claims (NSW) - Step-by-Step Legal Practice Guide and Precedents  

Family provision claims (NSW) - Step-by-Step Legal Practice Guide and Precedents

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Author: By Lawyers

Step-by-Step Guide and Precedents for Estate Disputes - Family Provision Claims (now under Chapter 3 of the Succession Act 2006) NSW when acting for the Estate, a primary beneficiary, the deceased's spouse or the Plaintiff.

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