Comply with Court Orders

At the first directions hearing the court directs both parties to exchange information so that they may make a realistic assessment of their respective cases.

The plaintiff’s affidavit (filed with the summons) will be given to the defendant/s. The defendant is typically the Executor but may include other beneficiaries.

The defendant’s affidavit will be filed to inform the plaintiff of the nature, size, state and value of the estate. It can also dispute any of the facts contained in the plaintiff’s affidavit. The defendant’s affidavit must include:

  • A copy of the will and the probate or Letters of Administration
  • Description of the nature and value of the assets and liabilities of the deceased at the time of death.
  • What is, or is likely to be, the nature and the estimated value of:
    • assets and liabilities
    • any property of the deceased that has already been distributed, and the date it was distributed
    • the total value of the estate that can still be distributed, not including costs of proceedings.
  • A description of nature, and estimate of value of any property that is the subject of any ‘relevant property transaction’
  • The name and address of any person who is the subject of a prescribed property transaction.
  • Any testamentary and other expenses, including liabilities, paid out of the estate.
  • An estimate of executor’s costs
  • Names and addresses of every person who is, or may be:
    • an eligible person
    • eligible person under a legal incapacity
    • beneficiary
    • person holding property as trustee or otherwise.

The court may also direct that any other relevant documents or information be made available by one party to the other party depending on the circumstances of the case.

A relevant property transaction is a transaction that results in property being held by another or becoming subject to a trust and full market value was not paid for it. The purpose for prescribing these transactions is to ensure that property that ought to be a part of the estate remains a part of the estate.

Contest a Will

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