NSW Getting copy of Uncles Will

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GoGoGo

Member
14 January 2020
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Hello
My Uncle died he had no children and his ex wife has passed. His only living family is a brother and nieces and nephews. I am his nephew and cared for him as he died. He expressed to me as he died that he wished that all money was to be equally shared between seven grand nieces & nephews and all other items shared among family.
He was renting and was friends with the owners of the property. They were executors of his will. Apparently in the will everything is left to the landlords which does not tally with his verbal will.
I contacted them as I know them well (I thought) and asked if I could have a copy of the will but they refused saying it was private and I was not mentioned in the will.

My question is what are my chances of getting a copy (exemplication) from the Supreme Court as I'm only a nephew?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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You're entitled to inspect/receive a copy of the will pursuant to the Succession Act 2006 because:

- Section 54(2)(e) says any person who would be entitled to a share of the estate if the person died intestate may inspect/receive a copy (SUCCESSION ACT 2006 - SECT 54 Persons entitled to inspect will of deceased person); and

- Chapter 4 in general, and section 129 in particular, provides that nephews are potentially entitled to a share of the estate provided the details in the section are met (SUCCESSION ACT 2006 - SECT 129 Brothers and sisters ).

I suggest you write to the executors pointing out these requirements. If they fail to produce the will (and assuming you meet the requirements of section 129, or one of the other grounds in section 54), you may need to institute court proceedings to force the issue.
 

Tim W

Lawyer
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28 April 2014
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Just to be clear - there's no such thing as a "verbal will", not in the way you mean, anyway.
Your problem with comparing what he said with what any will might say
will be coming up with evidence of your version of what he said.
 

GoGoGo

Member
14 January 2020
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Thanks Tim & Rob, yes I know there is no such thing as a 'verbal will' poor choice of words, I meant he expressed to me what he wanted to happen with his estate. I have no wish or appetite to contest the will I only want to see a copy for closure. On several emails to the executors I have virtually begged to see a copy of the will assuring them I mean no harm but they refuse and hide behind the 'it's personal' wall. This only makes me suspicious. I just don't want to make a $145 application to the Supreme Court only to be told nephews need not apply!
 

GoGoGo

Member
14 January 2020
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I have applied to the Supreme Court. It's what I must do for some peace of mind. The attitude of the executors/benefactors makes me push this further. I'll post results as they come. Thanks
 

unique

Well-Known Member
17 March 2019
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Thanks. I'm interested as to how it plays out
I'm envisaging a similar situation in the future. Hoping it won't happen of course
 

GoGoGo

Member
14 January 2020
4
0
1
Hi Unique
Got the copy of the Will from Supreme Court and it contained what I thought. His entire estate was left to his landlords. The will was made 10 years ago, they arranged it saying "they were doing a new will, you should do one too" I'm thinking they put pressure on him to leave everything to them because he was living there rent-free as payback for caring for their invalid father for 10 years + . The Will is what the Will is, but it was nothing like what his dying wishes were.
I will put it behind me now but I can't forgive the executors for their cloak & dagger tactics.