VIC How to Gain Mother's Will Before Her Death?

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jamek

Member
24 June 2019
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0
1
I am the executor of will for my mother and am moving interstate. She is now in aged care after moving from where she made the will. Am I able to get my mother's will before she has died? If not, what can be done?
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
Are you saying she is incapable of requesting a copy for you?
 

Alert

Well-Known Member
7 June 2019
243
18
654
Does your mother have a copy of her Will?
Is the Will at a solicitor's office?

Are you able to find this out?
 

jamek

Member
24 June 2019
3
0
1
She cannot use a phone and she cannot travel long distances. Her will is at the solicitor's office where she made it.
 

Alert

Well-Known Member
7 June 2019
243
18
654
You could ask your mothers carers? You are the executor of the Will so maybe you can also ask your mothers solicitor?
Can your mother write to the Solicitor asking for her Will if capable?
 

Alert

Well-Known Member
7 June 2019
243
18
654
If your mother is incapable to handle her own bills for example.
Do you take care of your mothers finance now?
You could act on her behalf for her financial issues.
At the moment I can’t give you any definitive answer.
I will post you information later.
 

Perp

Well-Known Member
30 June 2015
42
6
149
Whether a succession lawyer will give you a copy of the will while your mother is still alive will depend on a number of factors, but the main one I'm seeing is the purpose for which you require it. There's no automatic right to a copy while she's alive, because by definition it only has legal effect after she's died. Provided the POA is active (ie either authorised to commence immediately, or proof that she's lost capacity), and hasn't been revoked etc., certainly in Queensland the POA has to show that it's necessary for the POA to have a copy. POA Act s 81(1). (I imagine other states have similar provisions.)

Circumstances that might meet the test of necessity would be if you're intending to dispose of assets that you suspect may be the subject of specific gifts in the will, or significant rearrangements of her financial affairs.