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VIC Beneficiary - Access to Will and Contesting a Will?

Discussion in 'Wills and Estate Planning Law Forum' started by BR1986, 18 February 2015.

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  1. BR1986

    BR1986 Member

    18 February 2015
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    Sister in-law (Q), father passed away about 3-4yrs ago. Her brothers told her that their dad (M) left everything to the eldest brother (N).

    Q has never seen the Will of her late father.

    The property that Q lived in was recently sold by N and has not received any proceeds from the sale.

    1. How does Q go about viewing the will if N will not let her?
    2. Is it too late to start contesting the will?
  2. Tim W

    Tim W Lawyer

    28 April 2014
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    Even if what they say is true, they might not be reporting it to her correctly
    (that is, they might be mistaken about what's going on,
    rather than actively deceiving her).
    For example, it might be that N is executor, or a testamentary trustee,
    but the other relatives don't understand the difference.

    There's a thing called a "Family Provision claim",
    which may be worth looking into.

    Given that it's a significant asset in the estate, and her home,
    it may be wise to engage a solicitor.
    The costs can (sometimes, not always) be met by the estate.
  3. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Hi BR1986,

    If there is a will, chances are, there is probate granted. If so, your sister-in-law can request for a copy of the will from the probate office. She can contact the Supreme Court of Victoria (where the probate registry is).

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