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QLD Executor of Will Refusing to Show Partner His Mum's Will

Discussion in 'Wills and Estate Planning Law Forum' started by Cruzeeen, 14 February 2016.

  1. Cruzeeen

    Cruzeeen Member

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    My partner's mum passed away last Oct but the executor of will who is his older brother's partner won't let him see the will. Her house has now been sold but they will not give him any information about it. Can you please help? We do not live in the country so any information would be appreciated.
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi Cruzeen

    As a son of the deceased, your partner has a legal right to see/obtain a certified copy of the Will.

    How long ago did you partners mum pass away?

    The first step to take is to write to the Executor and make them aware of their legal obligations to the family of the deceased (which includes your partner). I have found that this is often required, as the Executors often bully relatives who are unaware of their legal rights.

    Next, or alternatively, if the estate has gone to probate, a copy of the Grant of Probate, which contains a copy of the Will can be obtained directly from the Supreme Court.

    Lastly, an application can be made to the Court, to order the Executor to comply, and I would suggest that the Executor would be responsible for the legal costs to do so...

    Kind regards
     
  3. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Here is the relevant legislative provision:

    SUCCESSION ACT 1981 - SECT 33Z
    33Z Persons entitled to inspect a will or to obtain a copy of a will
    (1) A person who has possession or control of a will of a deceased testator must, if asked, do either or both of the following—

    (a) allow an entitled person to inspect the will;
    (b) give an entitled person a certified copy of the will on payment of the person's reasonable expenses of giving the certified copy.

    Entitled person, in relation to a will, means—

    (a) a person mentioned in the will, whether as beneficiary or not and whether named or not; or
    (b) a person mentioned in any earlier will of the testator as a beneficiary and whether named or not; or
    (c) a spouse, parent or issue of the testator; or
    (d) a person who would be entitled to a share of the estate of the testator if the testator had died intestate; or
    (e) a parent or guardian of a minor mentioned in the will or who would be entitled to a share of the estate if the testator had died intestate; or
    (f) a creditor or other person who has a claim at law or in equity against the estate; or
    (g) a person who may apply for an order under section 41.parent see section 61A.
     

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