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Beneficiary Required to Disclose Finances - What to Do?

Discussion in 'Wills and Estate Planning Law Forum' started by john3125, 11 April 2016.

  1. john3125

    john3125 Active Member

    25 February 2016
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    We are in the process of preparing for mediation, as there is a claim being put forward. I am a beneficiary and have been told that I need to disclose my liabilities and my wife's to the solicitor and barrister representing the estate. I am not putting a claim of my own, but another family member is.

    I don't feel comfortable disclosing my net position to the executor of will nor the legal team they have.

    What can I do, or what should I be doing?

    Any help would be great
  2. winston wolf

    winston wolf Well-Known Member

    21 April 2014
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    This would be a major road block to mediation and would almost guarantee going to court unless the plaintiff accepted an offer easily. Basically without full disclosure on both sides there is no way to mediate?

    You don’t have to disclose finances but if it went to court the judge would likely interpret that as you have no need. Also, if it went to court, your finances could become part of the public record for everybody to see (particularly in NSW where the judges write nice detailed judgements).

    I suppose you could request they are censored from the judgement (just guessing here).
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