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Template Defendant's Affidavit to Defend a Family Provision Claim NSW

The Defendant (usually the executor / administrator) in a Family Provision Claim needs to prepare a number of documents to defendant the estate. 

This is a very lengthy affidavit, that takes a lot of time and effort to prepare and if prepared by a lawyer as a paid service could end up costing thousands of dollars. 

If you would like to prepare you own affidavit, with the help of guided questions, then this template may assist you in more fully preparing for your case. 

Why Defend A Family Provision Claim?

If a claim is made against the estate by a plaintiff and the defendant (executor / administrator) does not accept its merits then the court needs to be provided with relevant information to make a decision. Some of the matters that the court is interested in includes the eligibility of the plaintiff, and information about the estate. 

This template "Defendant's Affidavit For Family Provision Claim (NSW)" aims to assist the executor / administrator with placing relevant information before the court. It contains a large number of questions to guide you in the preparation of your case especially if you cannot (or do not wish to) engage a lawyer at each stage.   

Steps to Prepare a Draft Affidavit for a Family Provision Claim

  • Buy the template Defendant's Affidavit for a Family Provision Claim (NSW); 
  • You will be redirected to the form page (and also be given user access for 7 days);
  • Complete the form - this is a very lengthy form that could take several hours to prepare - so set aside time after you have all the relevant information; and
  • The following draft templates in PDF will be sent to you:
    • Notice of Appearance;
    • Notice of Claim;
    • Affidavit of Service;
    • Defendant's main affidavit (including inventory of property etc);
    • Short Minutes of Order (for the first directions hearing);
    • Basic outline of Defendant's affidavit in reply;
    • Defendant's Affidavit as to costs.
    • Details of the link where you can edit your answers (during the 7 day period). 
  • Use the PDF affidavit as a guide to prepare your own documents. 

Jurisdiction - Family Provision Claim in NSW

Our templates are generally designed for use by executors / administrators who want to oppose a Family Provision Claim within New South Wales (NSW) only.

If you are located outside NSW and wish to defend a Family Provision Claim then this template is not suitable.    

How to Use the PDF affidavit for a Family Provision Claim

Use this template to help with the defendant's documents. 

After you have customised the draft PDF to suit your own needs then it will be necessary to file the notice of appearance, and serve the relevant documents upon the plaintiff. 

Additional legal help

If you want any additional legal help, then please note that is an additional and paid service.

Disclaimer

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