QLD How Long Does Resolving Issues with Will Take?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Loulou

Well-Known Member
4 November 2016
9
5
59
How long does it usually take for solicitors to resolve will issues?

A probate was granted January 2015 so shouldn't it be done and dusted? And are the solicitors legally bound to only dealing with the executor of will?
 
  • Like
Reactions: Timnuts

Loulou

Well-Known Member
4 November 2016
9
5
59
To clarify things further, my father passed away August 2014. Probate was granted January 2015. My sister is the executor of the will and has a solicitor to deal with things. My 8 siblings (including the executor ) are beneficiaries of the will.

Dad had a car which my brother will buy with is share of the money and I have dad's trailer which I will purchase. My other sister and brother are contesting the prices that were quoted for the vehicle's. Now the solicitors are at a standstill waiting for my sister and brother solicitors to contact them. We have told them if they want the vehicles for the price they think they can have them! Shouldn't our solicitor just divide up the money and be done with.

I would really love some input to this. I have contacted 'our' solicitors to get updates but they won't reply to me! My sister who is the executor won't ask the solicitors any questions and she won't answer me.
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
An uncontested/challenged will should be finalised in less than 12 months. Remember the solicitor is not the beneficiary's solicitor but reports to the executor/s.

Keep working on the sister/executor.
 
  • Like
Reactions: Timnuts and Loulou

Loulou

Well-Known Member
4 November 2016
9
5
59
Thank you.

I've been trying to do that but because I've been pushing her she won't answer me anymore. Do you know if solicitors have capped fees?
 
  • Like
Reactions: Timnuts

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
Thank you.

I've been trying to do that but because I've been pushing her she won't answer me anymore. Do you know if solicitors have capped fees?

I would start small, with a letter from a solicitor reminding her of her responsibilities and liabilities. Try and avoid a battle as it will cost everybody a lot of money and grief.
 
  • Like
Reactions: Timnuts and Loulou

Jacqui Brauman

Well-Known Member
15 January 2016
53
20
264
Victoria
www.tbalaw.com.au
The solicitor may ignore you, but wouldn't ignore a specific request from an independent solicitor. You are entitled to your own representation, so it would be worthwhile looking into. I agree, from what you have said, this administration is taking too long.

Jacqueline Brauman, Nagambie Lawyer: Book Online | LawTap
 
  • Like
Reactions: Timnuts and Loulou

Loulou

Well-Known Member
4 November 2016
9
5
59
Yes, the solicitor does ignore me. My sister is arranging a 3-way phone call on Thursday / Friday. Do you have any idea on what I should be saying please?

They keep on saying that the hold up is that my other brother and sister is saying that the jeep is worth $21000 instead of the 12000 that's been quoted.
 
  • Like
Reactions: Timnuts