Our Victorian Family Provision Claims publication has just had a comprehensive review. We invite you to peruse our updated matter plans for Acting for the Plaintiff and Acting for the Estate in Family Provision claims – or ‘TFM’ claims as they are still generally known.

While many updates to By Lawyers publications arise from changes to legislation, developments in case law, or when subscribers ask us for new content, at By Lawyers we also routinely enhance and develop our publications as part of our commitment to continual improvement.

New/reviewed precedents in Acting for the Plaintiff include:

• Letter to client with initial advice;
• Initial letter to estate solicitor;
• Affidavit of the plaintiff (Estate greater than $500K);
• Position statement of the plaintiff (Estate less than $500K);
• Affidavit of the plaintiff’s solicitor re costs;
• Approval of compromise order (new TFM List precedent);
• Letter to estate solicitor before first directions hearing;
• Minutes of order for TFM first directions hearing;
• Example content – Directions;
• Letter to potential additional defendants;
• Letter to real estate agent seeking market appraisal of real property;
• Example content – Plaintiff’s position statement for hearing;
• Letter to plaintiff finalising the matter.

New/reviewed precedents for Acting for the Estate include:

• Letter to estate with initial advice;
• Letter reporting to estate on settlement;
• Approval of compromise order;
• Affidavit of executor OR administrator of the estate;
• Minutes of order for TFM first directions hearing;
• Example content – Directions;
• Letter to potential additional defendants;
• Letter to real estate agent seeking market appraisal for comparison to plaintiff’s market appraisal;
• Letter to real estate agent seeking market appraisal of estate’s property;
• Letter to estate solicitor before first directions hearing;
• Example content – Defendant’s position statement for hearing;
• Application for leave to appeal;
• Letter to plaintiff finalising the matter.

Our matter plans are structured so that everything required is at hand. For instance, certifications required on filing your documents in court are included – Overarching Obligations Certification and Proper Basis Certification.

The commentary in both Acting for the Plaintiff and Acting for the Estate has been enhanced, to include:

• managing the lawyer-client relationship and client identification;
• time and cost estimates;
• taking instructions and advising on the claim;
• assessing the merits of a claim;
• when the court can make an order;
• factors the court must consider
• factors the court may consider;
• 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.

Our Victorian Family Provision Claims Guide is a comprehensive and practical resource for small law firms.