QLD How to Get a Copy of Family Wills?

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cheryle

Well-Known Member
30 July 2014
40
1
124
Thanks asap lol would be good. Just frustrated and confused. Why so many questions to a question? I guess thats being politically correct and difinitive.:)
What does it mean it hasnt been filed. So I cant get copy of will with form 122. The estate is sold funds transferred but executors playing games with me. Not hapoy want games to stop.
 

Sarah J

Well-Known Member
16 July 2014
1,314
251
2,389
Melbourne, Victoria
Hi Cheryle,

If probate has been granted, then a copy of the will has been lodged with the court. Probate cannot be granted without the court having a copy of the will.

If probate has not been granted, you can write to the named executor, or the solicitor that was representing the testator (will maker), preferably in writing, and then followed up with an email or call if you prefer, requesting to see a copy of the will or to have a copy of the will mailed to you. Keep a copy of this letter request.

The estate should not have been disposed of without obtaining probate.

But are you sure that probate has been granted? You can check with the Probate Registry by calling up the Queensland Supreme Court.
 

cheryle

Well-Known Member
30 July 2014
40
1
124
Hi Cheryle,

If probate has been granted, then a copy of the will has been lodged with the court. Probate cannot be granted without the court having a copy of the will.

If probate has not been granted, you can write to the named executor, or the solicitor that was representing the testator (will maker), preferably in writing, and then followed up with an email or call if you prefer, requesting to see a copy of the will or to have a copy of the will mailed to you. Keep a copy of this letter request.

The estate should not have been disposed of without obtaining probate.

But are you sure that probate has been granted? You can check with the Probate Registry by calling up the Queensland Supreme Court.
Im not sure I called supreme court spoke to clerk who said my fathers name is not on file. Perhaps I should ring again confused? thanks Sarah
 

Sarah J

Well-Known Member
16 July 2014
1,314
251
2,389
Melbourne, Victoria
Hi Cheryle,

Yes, contact the Supreme Court and speak with the Probate Registry (the Supreme Court in Qld apparently calls it the "Registrar"). They should be able to tell you if a will is lodged for your father ("testator").

Further information:
- "Search and copy court documents" (Qld Government)
- "Steps to follow to seeking probate" (Supreme Court Qld)
 
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