Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the executor wishes to adopt a neutral stance and seek directions from the court. This approach is standard when there is a dispute between competing beneficiaries and the executor wishes to remain neutral, placing all facts before the court and leaving the active dispute to the beneficiaries. This fork guides the practitioner through preparing neutral affidavits and seeking directions.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | ||||
Jurisdiction: High Court of New Zealand, operating under a national jurisdiction. This fork addresses neutral administrator workflows under the Act.
The Process at a Glance: First, advise the executor of their duty to remain neutral and avoid taking sides. Prepare a detailed schedule of the estate assets and debts. Compile any written statements or letters left by the deceased explaining their wills. Draft and file a neutral affidavit placing all these facts before the court. Participate neutrally in mediation and seek directions if the parties cannot reach an agreement.
Key Legislation and Case Law: Family Protection Act 1955 section 11A. Executors must remain neutral and assist the court with information. Case law includes Sherborne Estate (No 2): Vanvalen v Neaves [2005] NSWSC 1003 which defines the boundaries of executor neutrality and the risk of personal cost orders if the executor actively opposes a claim in a partisan manner.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Family Protection Act Claims (Executor) - Neutral Assistance and Application for Judicial Directions matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Wills and Estates cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
matter.matterNumber |
| text |
| Required |
inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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