South Australian subscribers are invited to explore By Lawyers new publication, Family Provision Claims (SA).
This practical guide contains matter plans, commentaries and precedents for Acting for the Plaintiff and Acting for the Defendant.
Precedents in Acting for the Plaintiff guide include:
- Retainer instructions;
- Letter to client with initial advice;
- Initial letter to estate or their solicitor;
- Deed of settlement;
- Deeds of family arrangement;
- Brief to counsel;
- Initiating application;
- Affidavit in support;
- Outline of submissions;
- Example court book index;
- Letter to plaintiff finalising the matter.
Precedents in Acting for the Defendant guide include:
- Retainer instructions;
- Letter to estate with initial advice;
- Letter to claimant’s solicitor in response to their initial letter;
- Letter reporting to estate on settlement;
- Rule 315 affidavit of executor or administrator;
- Defendant’s position paper for mediation;
- Example formal offer;
- Letter to defendant finalising the matter.
The commentaries in both Acting for the Plaintiff and Acting for the Defendant include:
- Overview and time limits;
- Managing the lawyer-client relationship and client identification;
- Time and costs estimates;
- Taking instructions and advising on the claim;
- Assessing the merits of a claim;
- When the court can make an order;
- Assessing and calculating adequate provision;
- Considering competing interests;
- When to negotiate and tips for effective negotiation;
- Mediation;
- Commencing the claim
- The first directions hearing date;
- Costs and the supervisory approach taken by the court to costs;
- The procedure following an order.
The By Lawyers South Australian Family Provision Claims publication is a comprehensive and practical resource for practitioners who are advising and representing either claimants or estates.