NSW Lawyer Not Handing Over My Mother's Will

Has your sister in law, (the executrix of the will) requested it in writing from this law firm? She has the legal right and responsibility to obtain it in order to apply for probate and thereafter administer the estate.

If this solicitor still refuses to hand over the Will without proper justification, maybe you should consider complaining to the NSW Law Society. There are certain professional standards that lawyers must adhere to.

 

@Sophea is correct as executor your sister in law is the one who has the authority to get the will.
As a beneficiary you only have the wright to a copy.
I assume your sister in law was the executor of you brothers will?

 

The choice of lawyer is not yours. This choice is available to your former sister-in-law, in her capacity as Executrix.

Unless you are the Executor, this is the usual extent of your entitlement.

Unless you are the Executor, this is not your responsibility.

Ask your existing lawyer about the prospects of recovering some of this cost from the estate.
It's not always possible, but sometimes it can be.
Beyond that, because you have an existing lawyer, it's not reasonable for us, on this board, to get too far into it.

Is that because she was appointed in the Will? Or in the course of the Probate appication?

This may be inconvenient, but I do not see as a problem at law.

 

Hi William,

1. Was your sister-in-law named an executrix in your mother's will? If not, she may not have a right to grant of probate.
2. Has anyone applied for grant of probate yet? If so, you can obtain a copy of the will by applying to the Probate Office in the Supreme Court.
3. You do not have a right to obtain a copy the will from the solicitor's office. The will is confidential and kept so until probate is applied for, this is the case unless it was the instructions of the testator (will maker) or executor/executrix that it can be shown to others or unless their consent was obtained.