Family Provision
4. Settling a Claim
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 23 Jul 2015
- Before a claimant initiates formal proceedings in the court it is good practice for the parties to communicate informally with each other so that they are aware of each other’s position in relation to the claim. However this is not always possible and in some cases may aggravate existing tensions in the family.
- Often the first sign that a claim is being made is when a summons with supporting affidavit is received from the claimant.
- The executor or administrator of the estate is the person who has the responsibility of responding to a claim on behalf of the estate.
- If a lawyer has been engaged to assist the executor or administrator with administration of the estate this is usually the person the claimant will be communicating with.
- After both parties have outlined their position in relation to the claim it may be possible to explore whether the parties can come to a mutual agreement (settlement) without the need for a court hearing.
- The court will want to see that both parties have made a genuine attempt to communicate and in most states and territories mediation must be undertaken before the matter goes before the court.
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