VIC How Do I Get a Copy of Will?

[neirbod]

My son's father passed away. The executor wants nothing to do with the estate. What happens now? What happens with the superannuation?

 

[Arche]

Hi Neirbod,

Do you know if there is only one executor? If the executor does not want to act they can complete a form to renounce probate and file it with the Supreme Court in the state or territory where the person lived. If they are not prepared to do that then someone would need to approach the Supreme Court to have the executor removed and an administrator (which could be you or another family member) appointed.

Re the super- this can be a little complicated. Normally superannuation does not form part of an estate but this can depend on whether anyone was nominated as beneficiary of the super. Do you know if anyone was? Usually, that person would approach the super fund, with a death certificate, and ask for the funds to be released. This won't automatically happen, though. As I said, there can be complications for a range of reasons.

You might want to think about approaching a solicitor, with as much information as possible, to get specific advice.

 

[Sophea]

I agree with Mary W, you can't be forced to act as an executor so the court can appoint someone else in their place. However, you may be able to get a copy of the will through the deceased's solicitor or the other joint executor. You have a right to view the will if you are a beneficiary.