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NSW Beneficiary - How to Find Out Where Nan's Possessions Went?

Discussion in 'Wills and Estate Planning Law Forum' started by Fiona Rowe, 20 April 2016.

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  1. Fiona Rowe

    Fiona Rowe Member

    20 April 2016
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    Good morning,

    I have been advised that my cousin and myself are the beneficiary of my Nan's will. My mother and Aunty are to receive $5000 each out of the estate. I have been advised that my late Nan's deceased husband's children plan to contest the will, even though my Nan has only left her own children $5000 each. Does this mean if her stepchildren contest the will, they will only receive $5000 each?

    My late Nan has appointed a solicitor in QLD as her executor of will and the rest of our family live in NSW. I have been advised by my late Nan's neighbours there were people in her house cleaning it out to be sold, throwing valuable and sentimental items into a large skip bin and that the house is now on the market. None of this information has been advised to myself or my cousin.

    My question is, how do I find out where all her possessions have gone? The executor of will has not been open with communication thus far and quite frankly he has been rude and condescending with me, and I am afraid to ask him any questions, but at the same time, concerned sentimental items have been thrown out.

    Is there a way I can hire a solicitor to find out this information which I am more than happy to pay for myself?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Fiona,

    There are no guarantees that your Nan's stepchildren will succeed in challenging her estate. Step-children are only “eligible persons” to make a claim if they can first establish they were wholly or partly dependent on the deceased person and were a member of the deceased’s household. Same goes for grandchildren.

    Secondly, you are free to engage a lawyer to represent your interests as a beneficiary. They can assist you with your rights and obtaining a copy of the will (which you can do anyway but it can be difficult when dealing with the executor yourself.) However you will have to bear the cost of this yourself.

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