QLD Half-brothers Failed to Notify Me When Father Passed Away - Recourse?

[tropics]

I only found out last week that my biological father died in January of last year, and although my 2 half-brothers knew how to contact me, neither of them did. I only found out he died by filling in a family tree and the information filled in that my father had passed away.

I only met him when I was 21 as he and my mother had divorced and it was difficult to have contact with him because of my mother. I had however met one of my half-brothers on 2 occasions and had been in contact on Facebook.

I rang relations back in NSW to confirm this information that he had passed away were correct and was told yes it was. I then spoke to my Father's brother who told me what had happened and that the two boys had dealt with it all and divided the estate between them. I rang the solicitor today to request a copy of the will, as my father's brother had confirmed with me the solicitor that was used, and they told me it was confidential.

I then looked online and it said that I had a right to a copy of it as I was his daughter. So I rang the solicitor back and they told me that they did not have a copy of the will and it was sent away for probate - I can find no registration for probate at all when I searched.

I had been in contact by phone with my half-brother who told me he was busy and to ring back the next day. 3 days later and he will not answer any of my calls...

Am I in a situation to question the dealings of them not notifying me of his death when they could have contacted me?

 

[Lance]

Hi,

That's a really bad way to find out some terrible family information. I don't think there is any thing that can be done in the way of recourse. While horrible that they didn't tell you it could be argued that they were grieving themselves and barely know you and just didn't think. It's easy to become self-centred in grief. But I can see that you might think they didn't want you around while the will is sorted out.

I'm inclined to think that if the solicitor wouldn't supply you with a copy of the will you are not a party to it. I would personally engage my own lawyer to deal directly with the solicitor. They will think twice about doing the wrong thing to another lawyer. And yes I would expect that you would be entitled to a copy of the will.

 

[Simon Pattison]

The estate's solicitor is obliged to retain a copy of all documents. Accordingly I find it astounding that they would not have retained a copy prior to lodging for Probate. If there is no record of an application being made then that is also odd.

I agree with Lance and suggest that you should see you own lawyer about writing to them. Shouldn't cost too much to obtain a copy of the will and a accounting for the estate.

 

[tropics]

The estate's solicitor is obliged to retain a copy of all documents. Accordingly I find it astounding that they would not have retained a copy prior to lodging for Probate. If there is no record of an application being made then that is also odd.

I agree with Lance and suggest that you should see you own lawyer about writing to them. Shouldn't cost too much to obtain a copy of the will and a accounting for the estate.

Thank you for your reply -

I had asked the Public Trustees and a guy called me back. He suggested that I contact the Solicitor by email and request a copy of the Will under the Succession Act 33z. I did so and this was the reply I received back:

.......................................................
The original Will was surrendered to the Titles Office therefore s 33Z(1) is not applicable. Nor has it been lost, stolen or destroyed, so s 33Z(2) is not applicable either. I assume that there is no court order in place to require us to produce a copy of the Will under s 33Z(3). If this is incorrect, please provide us with a certified copy of the order.

Therefore there is no legislative requirement for us to provide you with a copy of Mr ######## Will.
In any event we do not presently hold instructions to act on behalf of the Executor of Mr ####### estate and any correspondence should be sent to them directly.

.........................................

At this stage I think I will run up the white flag and just hope that Karma has a way of dealing with those that have so deeply hurt me by not even letting me know he died. I think it is more that my half brothers failed to recognize I existed and to let me even know... I wish this to never happen to anyone else

Thank you for the time to reply though it is greatly appreciated.

To help weather a storm - dance in the rain