The importance of updating affidavits in family provision claims has recently been highlighted in the decision of Baker v Baker [2024] NSWSC 559 (Hammerschlag CJ in Eq). Before the Court can make a family provision
Per Gleeson JA in Simmons v New South Wales Trustee and Guardian [2014] NSWCA 405: 74. Fraud must be specifically pleaded: UCPR 14.14(3). Likewise an allegation of dishonesty must be pleaded clearly and with particularity.
When Family Provision proceedings are commenced, it is incumbent on the applicant to file and serve on the executor or administrator a Notice of Eligible Persons. The administrator must then attend to serving a Notice
I have prepared the below click-through list of online resources relevant to Family Provision Claims brought under Chapter 3 of the Succession Act 2006 (NSW). This is for my own reference, my instructing solicitors and
