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VIC Executor of Will Refuses to Show Will to Beneficiary - Options?

Discussion in 'Wills and Estate Planning Law Forum' started by neirbod, 29 April 2016.

  1. neirbod

    neirbod Active Member

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    My son is a beneficiary to his father's will and the executor of will (which is his grandparent) said "sue me" after we asked for a copy of the will. Obviously, we cannot sue her. 1. We have no money! 2. She is family in the end

    Any other options?
     
  2. winston wolf

    winston wolf Well-Known Member

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    If you know the law firm handling the estate I would contact them directly. They have no obligation to discuss anything with you as you are not their client but hopefully, they will explain to the executor their obligation to give you a copy of the will (could be a small copy charge).

    If your son is an adult he should do this. Otherwise you as his guardian.

    After that sinks in try again.
     
  3. neirbod

    neirbod Active Member

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    We have no way of finding out who the lawyer is. The executor messaged just before saying "sue me" then another saying "I will let you know what is happening with the will, in time"

    Any other options?
     
  4. winston wolf

    winston wolf Well-Known Member

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    How long has it been since the death?
     
  5. Tim W

    Tim W Lawyer

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    The executor has a statutory duty to allow inspection of a will by eligible persons.*
    At common law, this has to be reasonably promptly.

    If necessary and if eligible, your son (even if a child) can apply for an order requiring the executor to allow inspection.
    The beneficiary will get the best result if they engage a solicitor to assist them
    with this kind of application.**

    Who the the solicitor is less important, first up.
    Once the Executor is served in person with the a copy of the application,
    it will quickly become apparent who his lawyer is.


    ----------------------------------------------
    * s50 Wills Act 2007 (Vic)
    ** in certain circumstances, the costs of things liek this can be paid by the estate.
    Discuss this with the solicitor at your first meeting.
     
  6. neirbod

    neirbod Active Member

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    Thank you
     
  7. neirbod

    neirbod Active Member

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    He passed on 1/1/2016
     

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