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

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

neirbod

Active Member
17 February 2016
12
0
31
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?
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
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.
 

neirbod

Active Member
17 February 2016
12
0
31
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?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
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.
 

neirbod

Active Member
17 February 2016
12
0
31
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.
Thank you