---
title: "Letter of advice on a family provision claim (NSW; claimant or estate)"
url: "https://ailawframework.com/precedents/wills-estates-probate-and-succession/family-provision-advice-letter"
type: "precedent"
site: "AI Law Framework"
id: "a17-family-provision-advice-letter"
area_id: "A17"
kind: "letter"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/wills-estates-probate-and-succession/family-provision-advice-letter  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Wills, Estates, Probate & Succession](https://ailawframework.com/precedents/wills-estates-probate-and-succession.md)
- Jurisdictions: New South Wales, Victoria, Queensland
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 7 authorities it cites, for New South Wales, Victoria and Queensland.

## 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

## Authorities

- [Succession Act 2006 (NSW) s 57 (eligible persons)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2006-080)
- [Succession Act 2006 (NSW) s 58 (application within 12 months after death)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2006-080)
- [Succession Act 2006 (NSW) ss 59, 60 (when an order may be made; matters the Court may consider)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2006-080)
- [Succession Act 2006 (NSW) Pt 3.3, ss 74–90 (notional estate)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2006-080)
- [Succession Act 2006 (NSW) ss 98, 99 (mediation; costs)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2006-080)
- [Administration and Probate Act 1958 (Vic) ss 91, 99 (family provision orders; 6 months after grant)](https://www.legislation.vic.gov.au/in-force/acts/administration-and-probate-act-1958)
- [Succession Act 1981 (Qld) s 41 (estate liable for maintenance; 9 months after death)](https://www.legislation.qld.gov.au/view/html/inforce/current/act-1981-069)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/wills-estates-probate-and-succession/family-provision-advice-letter and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*