VIC Copy of will

[Gary 196633]

Can l ask for a copy of the will before probate.My sister is executor of the will and refusing to give me a copy.Thanks Gary

 

[perjury]

If the testator is alive, you can ask for a signed consent from him/her for a copy of the will.

The Probate and Administration Act 1898 provides that the Will of the deceased, once admitted to probate, is a public document and that anybody is entitled to apply for a copy of it from the Supreme Court of NSW, provided they pay the relevant fee.

 

[Gary 196633]

If the testator is alive, you can ask for a signed consent from him/her for a copy of the will.

The Probate and Administration Act 1898 provides that the Will of the deceased, once admitted to probate, is a public document and that anybody is entitled to apply for a copy of it from the Supreme Court of NSW, provided they pay the relevant fee.

Testator can't sign has dementia, executor has power of attorney for him.

 

[perjury]

when was the testator diagnosed?

 

[Gary 196633]

3 years ago

 

[perjury]

by whom?
if it was an MMSE, what was the score 3 years ago?
if someone can't sign, they can consent verbally as long as this is recorded

 

[Gary 196633]

by whom?
if it was an MMSE, what was the score 3 years ago?
if someone can't sign, they can consent verbally as long as this is recorded

He is in care,l have sighted the old will years ago. It was a simple 50/50 split. I believe a new will has been done, just need a copy.

 

[perjury]

He is in care,l have sighted the old will years ago. It was a simple 50/50 split. I believe a new will has been done, just need a copy.

Gary,

You did not answer my questions.

All beliefs are falsifiable.

If you think there is a new will, and you may need to challenge that will, it will be based on the claim of testator lacking capacity to instruct a will.

If that is the case, you will need to identify when the testator was diagnosed with dementia, and what stage he was at when diagnosed.

if there an older will, and you know who was instructed to draft it, you may want to contact that person and obtain either a copy, or an affidavit about the instruction and execution of the older will.

I gather the relationship with the appointed executor is not great?

Ask your sister why she is refusing to give you a copy.

Explain to her that she does not want to engage in a challenged probate.

However, I do not know the circumstances.

 

[Gary 196633]

Don't know about MMSE or score,was diagnosed by family doctor while still living at home. Then went into care.l believe the will was changed by his wife who had since passed away, less than 6 months ago.

 

[perjury]

You will need to find out how the GP diagnosed and what was the diagnosis
you will also need to identify circumstances the will was changed under