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VIC Executors Won't Provide a Copy of Mum's Will

Discussion in 'Wills and Estate Planning Law Forum' started by MRS CAROLE SMITH, 8 October 2014.

  1. MRS CAROLE SMITH

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    Hi. My Mother has passed away and the executors will not let me have a copy of Mum's will. I am mentioned in the Will. My sister, who is one of the executors, has already given things to her children that is mentioned in Mum's will. Mum left me a diamond ring and I cannot understand why this has been frozen yet others have other things that are in my Mum's will. My sister has taken a lot of furniture etc. to her Daughter's at Lancefield.
    I believe the Will has gone to Probate but I am not 100% sure about that. How can I receive a copy of Mum's Will?
    [Moderator redacted]
    Look forward to your reply. Thank you.
     
  2. Nighthelyn

    Nighthelyn Member

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    Dear Mrs Smith,

    1. Can you see the will - See Wills Act 1997 s50 - who is entitled to see the will: http://www.austlii.edu.au/au/legis/vic/consol_act/wa199791/s50.html

    Yes but you are to pay for any expense to obtain a copy.

    Of course just because the law is on your side does not mean it is effective to wave it in someone's face all the time. Have they explained why they won't give you a copy?

    2. Why are certain things mentioned in the will attended while other - unsure without more information. However, the fact that what was removed are furnitures - is there a real property in the deceased estate? is it a necessary task to clear the house in order to sell it?

    3. How to confirm if probate is granted - ring up Victorian Supreme Court. Also see:

    http://www.supremecourt.vic.gov.au/...ing+probate+records/searching+probate+records

    Good luck!
     
  3. MRS CAROLE SMITH

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    I do not have an answer to my question? Can you let me know how to read the answer?
    Thank you
     
  4. lawanswers

    lawanswers Moderator
    Staff Member

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    Hi @MRS CAROLE SMITH
    You can see responses to your answer, such as @Nighthelyn's great response above, by refreshing the page, and then scrolling through the posts to this thread. All responses occur on this thread publicly.
     
  5. cheryle

    cheryle Well-Known Member

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    Also be aware there I
     
  6. cheryle

    cheryle Well-Known Member

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    Hi just letting you know that you must get a copy of the will with in 6 months because if there are things on it you disagree with it you only have up to 9 months to contest the conditions on the will. Good luck.
     
  7. Rod

    Rod Well-Known Member

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    FYI, executors can be sued for non-performance, and it comes out of their pocket, not the estate.
     
  8. winston wolf

    winston wolf Well-Known Member

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    A pinch of preventions worth a pound of cure.
     
    Rod likes this.
  9. MRS CAROLE SMITH

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    I asked how can I obtain a copy of My Mother's will. Mum passed away over 3 weeks ago. The Executors and their solicitor will not give me a copy and I am mentioned in the will because I am Mum's Daughter. Thank you.
     
  10. Rod

    Rod Well-Known Member

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    Threaten to sue them if a pleasant request is refused.
     

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