VIC I am entitled to see the will, but how do i go about it?

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Brandt

Member
9 November 2018
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My sister has a copy of my mother's Will, but will not respond to any of my messages. Due to a family breakdown she did not notify me of my mother's death and had tried to keep everything from me, including seeing the Will.
I am sure i will not be a beneficiary, but she knows that i will have grounds to contest it, due to a prior court case which i had won. Her aim has been to try and push t through probate without me knowing, so I can't contest.
Now that i know, how do i get it as she will not answer? Can i send her a certified letter requesting it stating that under the section 50 act i am entitled to it? It says that i am liable for the costs to obtain, and wonder how far that goes as she lives in another state. Can she make me go there to copy it? What if she still refuses to answer or give it to me?
In the meantime i know she is clearing out the properties as quick as possible to things that i would like to make claim to and i do not know how to stop it.
Please help.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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In which state did your mother die? Are all her assets in this state?

I suspect you need to act quickly to prevent the estate disappearing before you can make a claim.

It may be something I can help with. You'll see an email address on www.vichelp.com.au.

At the very least a letter on lawyer letterhead might make sure she does things 'by the book' else she becomes personally responsible.