NSW Father's widow unclaimed inheritance from 2011 - how do I claim? She won't sign documents

[VirginiaR]

My father took his life in 2011 and left some money to his wife. She never claimed the money and in 2014 told me she wants me to have it. The executor/solicitor contact me advising they cannot get in contact with her.

Ten years later, I am in financial hardship and would like to claim the money. Without her legal refusal of inheritance what are my options?

I know she lives in Queensland now.

 

[Tim W]

Where is the money now?

 

[VirginiaR]

I was told in 2014 it was in probate? I did a search and can't find it.

 

[jdogga]

If probate hasn't been granted and the estate hasn't been distributed, why don't you make a claim?

 

[VirginiaR]

I didn't know I could! Thank you, I'll try!

 

[Tim W]

I didn't know I could! Thank you, I'll try!

Please don't be confused by the AI bot spam nonsense currently polluting this board.
Sure, make a claim. Doesn't mean that you have any prospects of it being successful.

 

[jdogga]

Please don't be confused by the AI bot spam nonsense currently polluting this board.
Sure, make a claim. Doesn't mean that you have any prospects of it being successful.

Hi Tim, again, I am not an AI bot! I have reported both your comments suggesting this. I do not know you and have no idea why you seem to follow my comments and suggest this. The comments are not appropriate, accurate or helpful (to either me or Virginia).

Virginia, my response is not 'nonsense' as suggested by Tim. To the best of my knowledge, neither Tim or I know you or your individual circumstances to advise on whether it is appropriate for you to pursue this avenue. Neither of us can advise as to whether or not you would be succecssful. I am purely telling you as you have asked what options you have. This is an option you may consider if you cannot progress things with your late father's wife or she is not willing to engage in discussions about it to reach some kind of deed/agreement. It is up to you whether you choose to explore it or not.

 

[Tim W]

Among other things, you do not seem to have noticed that @VirginiaR
has already referred to there being an executor.
So the premise of your comment

If probate hasn't been granted and the estate hasn't been distributed, why don't you make a claim?

is incorrect.

On the question of incomplete distribution, it is possible,
perhaps even likely (because it's prudent practice by the solicitor),
that the executor has "reserved" the balance of the estate.
In short and simple - the executor may have decided to hold it in trust
for when/if the beneficiary eventually appears, and wants it.

All in all, the "best of your knowledge" does appear to be... limited.

 

[jdogga]

Hi Tim, again, I am not an AI bot! I have reported both your comments suggesting this. I do not know you and have no idea why you seem to follow my comments and suggest this. The comments are not appropriate, accurate or helpful (to either me or Virginia).

Virginia, my response is not 'nonsense' as suggested by Tim. To the best of my knowledge, neither Tim or I know you or your individual circumstances to advise on whether it is appropriate for you to pursue this avenue. Neither of us can advise as to whether or not you would be succecssful. I am purely telling you as you have asked what options you have. This is an option you may consider if you cannot progress things with your late father's wife or she is not willing to engage in discussions about it to reach some kind of deed/agreement. It is up to you whether you choose to explore it or not.

Dear Tim, again, your comment is rude and unnecessary.

Just because there is an executor, does not mean that probate has been granted or that an estate has been distributed. Every will has an executor. If there was a grant, limitations periods may apply. Again, I have merely provided a suggestion for Virginia in the event the estate has still not been distributed.

 

[Tim W]

Just because there is an executor, does not mean that probate has been granted

Yes, that's exactly what it means.
The Grant of Probate is the (so to speak) "transaction" that appoints the executor.
Merely being nominated in the will is not enough.
Having been the holder of a Power of Attorney is not enough.
Being a particular next of kin is not enough. There is no enforceable right for any one relative to be an executor
(so, for example, a cultural tradition that an eldest son becomes executor has no legal weight).

Every will has an executor.

Ummmm, no.
While every valid will has a nominated executor,
that person does not automatically take office at the moment of death.
They are appointed by the court, upon application.
(which means, yes, there can be disputes about it...)

There are lots of reasons why a will may not have an executor.
For example, the nominee...

• might have predeceased the testator; or
• become incapacitated through illness (not limited to dementia); or
• is not willing to do it; or
• had become estranged from the deceased before the death; or even
• might not be aged 18 or older at the time of the death.

A person who is not nominated in the will (or purported will) can apply for a Grant of Probate.
That said, there are some conditions attached - it can't be just anyone.

As to "limitation periods" - not as such.
Apart from the common law principle of the "Executor's Year",
there is no time limit in NSW of the kind you are suggesting.