Maria Tzannes, Solicitor and Barrister, Antunes Lawyers and Advocates
Jennifer Maher, Special Counsel, Kliger Partners (Vic)
Caite Brewer, Callinan Chambers, Barrister and Angela Cornford-Scott, Director, Cornford-Scott Lawyers (Qld)
John Hockley, Barrister, Level 23 Francis Burt Chambers (WA)
Melissa Yule, Consultant, Adelta Legal (SA)
Maria Dwyer and Christine Schokman, Senior Associates, Ogilvie Jennings Lawyers (Tas)
Andrew Freer, Director and Erin Bedford, Associate, KJB Law (ACT)
Update valuations of property and provide schedule of updated inventory
By the time that the matter has proceeded through the mediation process, the matter should be well on the way to being ready for hearing in that:
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each party has disclosed their position;
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advice from counsel as to the merits of the other party’s position has been obtained; and
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the current financial position of the estate is determined.
Settlement may not have occurred for a number of reasons such as a large variance of opinion relating to the nature and value of the estate (especially in NSW, where notional estate is alleged); or a dispute as to the financial needs (current and future) or medical needs of the applicant. Hopefully, at mediation, the scope of any unresolved issues would have been further defined and clarified, therefore allowing (and defining) the trial preparation required.
Essentially, trial preparation could include the issuing of subpoenae, or an application for further discovery or a notice to produce and if necessary the updating of valuations and the inventory of the estate property.
See Update valuations of property and provide schedule of updated inventory.
See Statements made prior to death.
Northern Territory
Where an application has been made to the court for provision out of the estate of a deceased person, the applicant shall cause notice of the application to be served on each person who is an administrator of the estate of the deceased person.