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

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8 October 2014
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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.
 

Nighthelyn

Active Member
24 September 2014
5
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Sydney
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!
 

cheryle

Well-Known Member
30 July 2014
40
1
124
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.
Also be aware there I
 

cheryle

Well-Known Member
30 July 2014
40
1
124
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.
 

Rod

Lawyer
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27 May 2014
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FYI, executors can be sued for non-performance, and it comes out of their pocket, not the estate.
 

winston wolf

Well-Known Member
21 April 2014
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Adelaide
changefpa.com.au
FYI, executors can be sued for non-performance, and it comes out of their pocket, not the estate.
A pinch of preventions worth a pound of cure.
 
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8 October 2014
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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.
 

Rod

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27 May 2014
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Threaten to sue them if a pleasant request is refused.