I am writing pursuant to a recent Court order directing me to obtain legal advice regarding a family provision claim concerning my late mother’s estate. I am my late mother’s only biological child aged 60 currently unemployed and without significant assets. The residual beneficiaries are my two children who had a distant and estranged relationship with their grandmother. These proceedings have now been ongoing in the Supreme Court of NSW for over two years.
I am currently self-represented as my previous legal representatives ended their retainer in mid-2025 due to concerns I raised regarding escalating legal costs and contractual ambiguity. Following intervention by the Office of the Legal Services Commissioner my legal costs were halved and now stand at approximately $24 500.
Since mid-last year I have been managing the case using a privileged file containing Senior Counsel advice regarding a suggested settlement under the Succession Act. However this advice has become largely impractical because the defendant—who is both the executor of the estate and a solicitor—recently disclosed that he had mis-stated the estate’s value by over $100 000. This error persisted for two years and was only identified when I began questioning the estate’s administration. I have also since learned that the estate now valued at approximately $640 000 earned only around $600 in interest over that period.
The most recent offers of compromise show a difference of approximately $60 000 and I have been advised that proceeding to trial could incur costs far exceeding this amount. A number of complexities have arisen that are beyond my ability to self-litigate which include but are not limited to the following:
I am hopeful you might consider all of the above and advise if you are able to assist and your terms of engagement. Ideally i am not looking to be fully represented at this stage being hopeful I could finalise a mutually agreed settlement prior to a full hearing. However should a contested trial become inevitable i will need representation at that point.
In light of the Court order and the issues listed above I would sincerely appreciate any advice you can provide as to whether you are able to assist in framing a considered and fair offer of compromise that addresses these matters. Alternatively if you consider that the proceedings are more complex than I have been able to foresee I would be grateful if you may consider briefly outlining a preferred strategy moving forward and anticipated costs.
Sincerely
I am currently self-represented as my previous legal representatives ended their retainer in mid-2025 due to concerns I raised regarding escalating legal costs and contractual ambiguity. Following intervention by the Office of the Legal Services Commissioner my legal costs were halved and now stand at approximately $24 500.
Since mid-last year I have been managing the case using a privileged file containing Senior Counsel advice regarding a suggested settlement under the Succession Act. However this advice has become largely impractical because the defendant—who is both the executor of the estate and a solicitor—recently disclosed that he had mis-stated the estate’s value by over $100 000. This error persisted for two years and was only identified when I began questioning the estate’s administration. I have also since learned that the estate now valued at approximately $640 000 earned only around $600 in interest over that period.
The most recent offers of compromise show a difference of approximately $60 000 and I have been advised that proceeding to trial could incur costs far exceeding this amount. A number of complexities have arisen that are beyond my ability to self-litigate which include but are not limited to the following:
- The impact of the executor’s actions on the claim;
- Whether maladministration of the estate may be considered by the Court when assessing provision;
- Whether advice required due to fluctuating estate valuations caused by administration error (such as any advice I obtain in regards to this letter for example) could be considered “costs thrown away” and recoverable from the estate;
- Whether a court-annexed mediation conducted on an incorrect estate valuation—which involved substantial third-party barrister fees for both parties—could be treated as “costs thrown away.”
- The potential consequences or costs that might arise for the defendant due to maladministration;
- Whether an “offer of compromise” could be put forward that considers not merely adequate provision under the Act but incorporates the overall fairness and reasonableness of a settlement in light of the legal and factual circumstances.
I am hopeful you might consider all of the above and advise if you are able to assist and your terms of engagement. Ideally i am not looking to be fully represented at this stage being hopeful I could finalise a mutually agreed settlement prior to a full hearing. However should a contested trial become inevitable i will need representation at that point.
In light of the Court order and the issues listed above I would sincerely appreciate any advice you can provide as to whether you are able to assist in framing a considered and fair offer of compromise that addresses these matters. Alternatively if you consider that the proceedings are more complex than I have been able to foresee I would be grateful if you may consider briefly outlining a preferred strategy moving forward and anticipated costs.
Sincerely
