Template Affidavit For Family Provision Claim NSW
The Plaintiff (or Applicant) in a Family Provision Claim must prepare an affidavit in support of their claim (if eligible). 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 Bring A Family Provision Claim?
Where an eligible person such as the spouse of a deceased (or child) has not been adequately provided for by the estate that person might be entitled to bring a claim for Family Provision.
This template "Affidavit For Family Provision Claim (NSW)" aims to assist an eligible application with the preparation of the evidence for a Family Provision Claim that is to be filed in the Supreme Court of NSW.
Steps to Prepare a Draft Affidavit for a Family Provision Claim
- Buy the template 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 will be sent to you:
- draft affidavit in PDF in support of a Family Provision Claim,
- 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, court application and affidavit.
Jurisdiction - Family Provision Claim in NSW
Our templates are generally designed for use by an eligible person for whom adequate provision was not made by the will (or estate) and within New South Wales (NSW) only.
If you are located outside NSW and wish to make 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 prepare your court application i.e. it is a (fairly thorough) guide.
After you have customised the draft PDF to suit your own needs then it will be necessary to serve the affidavit in support of your Family Provision Claim on the Executor / Administrator (aka Legal Personal Representative).
Additional legal help
If you want any additional legal help, then please note that is an additional and paid service.
Disclaimer
Litigant, and its owners, servants and or agents, will not be liable for any loss suffered by your use of the precedents and or templates or guides. Such services not take into account your personal needs and circumstances and they should not be considered to constitute legal advice. Before using the precedent or template or guide on generative AI, you should consult with your own independent legal advisors, who can advise you about your personal circumstances. The precedents and or templates or guides provided seek to be in accordance with Australian law with a focus on New South Wales (NSW) and are not designed for use outside NSW, Australia or by parties located outside NSW, Australia. While Litigant tries to keep up to date with changes to the law, it is not always practically possible. Litigant, its owners, servants and agents, do not guarantee and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency, or completeness of any precedent or template or guide used or generated. We recommend you exercise your own skill and care with respect to the use of the precedents and or templates and or guides and that you carefully evaluate the accuracy, currency, completeness, and relevance for your purposes. Seek independant legal advice before taking any action.