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Template Summons to bring Family Provision Claim
This is a template generates a summons for a family provision case in NSW. It assumes that an executor or administrator has been appointed.
Why Bring a Family Provision Case?
Where an eligible person such as the spouse of a deceased has not been adequately provided for by the estate that person might be entitled to bring a claim for Family Provision.
This template "Summons For Family Provision (NSW)" aims to assist an eligible application with the preparation of the Summons for Family Provision that is to be filed in the Supreme Court of NSW.
This template assumes that an administrator or executor has been appointed. If that is not the case then you may require legal advice.
Steps - Draft Summons for Family Provision Claim
- Buy the template Summons For Family Provision (NSW);
- You will be redirected to the form page (and also be given user access for 7 days);
- Complete the form; and
- The following will be sent to you:
- draft letter asking for a copy of the will (or letters of administration),
- draft summons seeking an order for provision out of the estate
- draft notice to executor of eligible persons;
- affidavit as to costs; and
- a short checklist
- Use the pdf as a guide to prepare your own documents, court application and affidavit.
Note that this template does not include the Plaintiff's affidavit that sets out the basis and grounds for the orders sought. That must be separately obtained (or prepared).
Jurisdiction - Family Provision Claims 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 Letters and Court Application Seeking an Order for Provision out of the Estate
Use this template to prepare your court application.
After you have customised the draft pdf to suit your own needs then it will be necessary to file the court documents with the Supreme Court. The Court's applicable filing fees then need to be paid and a breakdown may be found at on the Court's website (i.e. more than $1,100). The cost of this document does not cover any such additional fees including costs of preparing your evidence, Court Filing Fees, Process Service Fees, Hearing Allocation Fees, Briefing Counsel etc.
Additional legal help in your Family Provision Case
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.