NSW - Family Provision Claim

This article will show you how to:

 To create a new Family Provision Claim matter, follow the steps below. 

  1. Click New Matter from the Home Screen.
  2. Select State: NSW.
  3. Select Matter Type: Family Provision Claim.
  4. Select which party you are acting for (Plaintiff or Defendant/Personal Representative of the Estate): 

  5. Enter the parties in the order in which they appear on the Summons.
    - See Enter Litigation-type Parties for detailed steps on adding litigation-type parties.
    - See Adding Contacts for more information on adding contacts generally. 
  6. For the Defendant / Personal Representative of the Estate, open 'Details' to add their capacity role, and relationship to the Deceased.
  7. For the Plaintiff, open 'Eligibility Details' to add their relationship to the Deceased, and eligibility under s 57(1) Succession Act 2006 (NSW).
  8. Select 'Estate Details' to add Will information, and administration details (if applicable):

  9. Select 'Case Details' to enter the Case Number, Division, List and Court:

  10. Enter the Court within the Case Details window. This will add the Court contact to your matter the same as any other contact card, allowing you to contact the Court and ensure automation works correctly. You do not need to add the Court as an additional contact outside of the Case Details window: 

    - See Adding Courts for more information on adding Court contact cards generally. 

  11. Enter any Eligible Persons, and their relationship to the Deceased.
  12. Enter any Beneficiaries.
  13. To add Uncommon Contacts to your matter, open the Matter Settings and select the appropriate contact from the Parties & Data available in your matter.
    For Family Provision Claim (NSW), the available parties include Barrister, Mediator, Legal Agent, Expert, Accountant, Valuer, Process Server, Previous Solicitor and Additional Contact: 

Change existing General matter to Family Provision Claim

Existing NSW General matters can be easily changed to Family Provision Claim as follows:

  1. Open your existing General matter (used for Family Provision Claim)
  2. Open Matter Type
  3. Select change...
  4. Select new Matter Type as Estate Disputes > Family Provision Claim
  5. Select OK:

  6. Select which Party you are acting for (Plaintiff or Defendant)
  7. Enter Reason For Change
  8. Select OK:

Your matter will now appear as 'Family Provision Claim', with the party roles and layouts that are available in the Family Provision matter:


Image result for light bulb emojiDon't forget to! ...

Subscribe to the Estate Disputes Precedent Profile

If you can't see Estate Disputes precedents in your Precedent Library, you may need to subscribe to the Estate Disputes Precedent Profile in your Smokeball Settings

- See Precedent Profiles for more information on subscribing to precedent profiles.

We have some new Family Provision Claim precedents and forms available in the Smokeball Precedent Library, including automated UCPR and Supreme Court Family Provision forms:

You can also 'Request a form' to have additional forms added to the Precedent Library!

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