Letter · Wills, Estates, Probate & Succession
Letter of advice on a family provision claim (NSW; claimant or estate)
Advice letter for a potential claimant or an executor on a NSW family provision claim: eligibility, the 12-month time limit, the two-stage test, the s 60 factors, notional estate, costs and mediation, with Victorian and Queensland notes.
- Kind
- Letter. A letter or email you adapt and send.
- Where it applies
- New South Wales, Victoria, Queensland
- AI use
- Red Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked on 17 October 2026 against the 7 authorities it cites, for New South Wales, Victoria and Queensland.
- Version
- 1
- Source
- Written for this library
When to use it
Use after you have the will, an estimate of the estate and notional estate, and the client's circumstances. Adapt the alternative paragraphs for a claimant or for the estate. Act urgently if the 12-month limit is near.
How AI may be used
Lawyer-led. AI may summarise the estate and the client's circumstances from documents and build a chronology, but eligibility, time limits, prospects and the value of any likely provision need the lawyer's judgment.
AI may
- Table possible claimants from the will and family tree for the lawyer to check
- Build a dated chronology of the relationship, contributions and needs from documents
- Summarise the estate and possible notional estate from statements, with sources
AI must not
- Must not determine eligibility, calculate the limitation date without checking, or assess prospects
- Must not cite cases unless the lawyer has read and verified them
- Must not process health or financial records of the claimant in an unapproved tool
The lawyer checks
- Eligibility category and any "factors warranting" requirement
- The limitation date, and whether an extension or consent is needed
- Costs risk explained proportionately to the estate
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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