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As a practitioner it is important to properly assess a client’s claim, draft a relevant affidavit that complies with the rules of evidence and gather appropriate evidence to support the claim.
When it comes to commencing proceedings in a family provision claim, the starting point for an applicant’s evidence is drafting their affidavit. There is certainly an art to compiling an affidavit and pulling evidence together to obtain the best possible outcome for a client.
Some of the basics to keep in mind when drafting affidavits are:

  • Use plain English
  • Write in the type of language your client would use
  • Use clear headings
  • Present the information in chronological order
  • Only include relevant information for the claim
  • Include independent evidence to prove the claim
  • Do not make general statements, translate them into first person
  • Importantly, test what your client is telling you.

If the basics are done well, it is a great start to ensuring relevant and supportive evidence is presented to the Court.