QLD Hiding of will

[Chevelle]

Hi

so here is the short story, my father and his lawyer are trying to hide my nanas will as myself, my daughter and my cousin are named in it apparently. My nana had custody of me since i was 2, i am now 46.
A private investigator has tracked it down to my fathers lawyer apparently. He is saying he does not have the original but has sighted it. Who ever has it, my father will not give them the details on how to contact us but knows very well. I do have a DVO out on my father. I do not know who the executor is nothing.

How, where do i find this will?

Thank you
Chevelle

 

[Rob Legat - SBPL]

I'm going to assume that your nana has actually passed away (it does make a difference - you have no right to access a copy of the will if she is still alive). Also ask yourself whether you are sure that there is a will.

The first thing you should do is to see if probate has been sought for the will. That's easy to do. Go here: Party search Search in the Supreme Court under your nana's name as the 'Party details'. If you get a matching result, it will tell you the applicant(s) and the date applied. The applicant(s) are usually the executor(s). Then click on the 'View file details' link, and this will open up further details. What you'll be looking for is:
- 'Representative' under 'Parties' - This is the name of the law firm handling the probate application, and will inform you where to direct your enquiries;
- 'Events' - To see if anything untoward has occurred;
- Under documents there should be a number of affidavits. Usually you'll see one for each executor, and one from a lawyer (this is for the advertising and notices compliance). That will generally give you a name of the person at the law firm to make the enquiries of.
- Under documents you'll also see a document listing for the will (you can't apply for probate without it). This will tell you that the original will has been deposited with the Supreme Court, and also that the solicitors acting for the application have a copy of it. You can get a copy from the Court directly, but you should be able to easily get it from the lawyer.

Be aware that if the application is for 'letters of administration' rather than probate, that indicates that there is no will - and the estate will be divided up according to the intestacy rules.

If that doesn't work, I'd suggest writing to the lawyer to inform them who you are and ask these very specific questions:
1. Are you acting in respect of the deceased estate of [nana's name]?
2. If yes: Please provide me with a certified copy of the will in accordance with section 33Z of the Succession Act 1981 (Qld). If you do not have a copy of the will, please outline the steps taken/to be taken to search for the will. Further, once the will is located please send me a certified copy.
3. If no: Are you aware of who is acting in respect of the estate? Please provide their details.

If they continue to play the 'no will' game, see if the private investigator can track down the solicitors your nana may have used to create the will. Make enquiries with them (be prepared to have to provide proof of your nana's demise, and your standing as her grandchild). If the firm is no longer around, contact the Queensland Law Society to ask where that firm of solicitors' safe custody has gone.

Another option is to search via the Queensland Public Trustee to see if they hold it, or (as a long shot) your nana's bank.

 

[Chevelle]

I'm going to assume that your nana has actually passed away (it does make a difference - you have no right to access a copy of the will if she is still alive). Also ask yourself whether you are sure that there is a will.

The first thing you should do is to see if probate has been sought for the will. That's easy to do. Go here: Party search Search in the Supreme Court under your nana's name as the 'Party details'. If you get a matching result, it will tell you the applicant(s) and the date applied. The applicant(s) are usually the executor(s). Then click on the 'View file details' link, and this will open up further details. What you'll be looking for is:
- 'Representative' under 'Parties' - This is the name of the law firm handling the probate application, and will inform you where to direct your enquiries;
- 'Events' - To see if anything untoward has occurred;
- Under documents there should be a number of affidavits. Usually you'll see one for each executor, and one from a lawyer (this is for the advertising and notices compliance). That will generally give you a name of the person at the law firm to make the enquiries of.
- Under documents you'll also see a document listing for the will (you can't apply for probate without it). This will tell you that the original will has been deposited with the Supreme Court, and also that the solicitors acting for the application have a copy of it. You can get a copy from the Court directly, but you should be able to easily get it from the lawyer.

Be aware that if the application is for 'letters of administration' rather than probate, that indicates that there is no will - and the estate will be divided up according to the intestacy rules.

If that doesn't work, I'd suggest writing to the lawyer to inform them who you are and ask these very specific questions:
1. Are you acting in respect of the deceased estate of [nana's name]?
2. If yes: Please provide me with a certified copy of the will in accordance with section 33Z of the Succession Act 1981 (Qld). If you do not have a copy of the will, please outline the steps taken/to be taken to search for the will. Further, once the will is located please send me a certified copy.
3. If no: Are you aware of who is acting in respect of the estate? Please provide their details.

If they continue to play the 'no will' game, see if the private investigator can track down the solicitors your nana may have used to create the will. Make enquiries with them (be prepared to have to provide proof of your nana's demise, and your standing as her grandchild). If the firm is no longer around, contact the Queensland Law Society to ask where that firm of solicitors' safe custody has gone.

Another option is to search via the Queensland Public Trustee to see if they hold it, or (as a long shot) your nana's bank.

Thank you for your reply Rob, I have done all the above. I have been dealing with my fathers lawyer in another matter for 10 months. Hes a dirty lawyer, been done on ethic grounds three times and made to do an ethics course. There is nothing on probate, my lawyer asked his lawyer for a copy he is stating that he does not hold one but he has viewed it. His lawyer does play on words though. The lawyer for the original will is no longer practicing so his lawyer told my lawyer. I do know my father has a copy of it. She has passed away. They are not playing a "no will" game they just are not telling me where it is or who holds it. I have also contacted the public trustee and they have no record of it.

Hence why i am turning to your guys. My lawyer just does not seem to pursue things, once she receives and answer she doesnt do anything else. I'm at a loss as to what else to do.
Do i get another lawyer who is more demanding etc.

 

[Rob Legat - SBPL]

You might need a lawyer who is a bit more of a 'go getter', but it's a difficult question to answer without the full picture.

The relevant questions may be:
1. [Still a must to ask] Are you acting in respect of the deceased estate of [nana]? - Get it in black and white, yes or no.
2. If no: Do you know who is acting? If so, please provide their details.
3. If the above fails, given this solicitor has seen the will - Who are the executors? Specifically, "Is my father an executor?"

If that doesn't work, it may be time for a chat with the Queensland Law Society along the lines of 'is this solicitor bringing the profession into disrepute?'. Given what you've said, I'm sure someone there will know his name.

I'd also suggest further enquiry with the original solicitor who drafted the will. If they can be contacted, surely they can divulge where their safe custody documents went - and you can start following the trail from there.

 

[Chevelle]

Hi Rob, you have helped me so much in the last two posts than my lawyer has in the last two months on this subject.

Can I pm you?

 

[Rob Legat - SBPL]

Sure (I think private messaging is now open). Alternatively you can contact me via LawTap - see the link in my signature.