What You Need To Start Court Proceedings

If negotiating has been unsuccessful, the next step is to start proceedings in court. The way to start proceedings is outlined in a practice note issued by the Supreme Court.
1. Plaintiff's Affidavit

An affidavit is a statement that is sworn by oath or affirmation. It contains the evidence to be considered by the court. Frank Legal has developed a simplified version of the standard affidavit to make it easier for our clients to complete.

2. Notice of Eligible Persons

This is a list of all the people and their addresses (if known) who are eligible persons in relation to the estate.
This list is often developed after the will has been validated and registered by the court (this is called ‘obtaining probate’). The people receiving something from the estate are identified when probate is obtained.
The executor or administrator will use this list to notify any eligible person that a Family Provision Claim has been brought. This allows all Family Provision Claims relating to the estate to be resolved in the one matter.

3. Affidavit of Plaintiff’s Costs

This is a sworn document with the plaintiff’s estimated costs and disbursements. It includes legal fees and the cost of obtaining evidence

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