VIC Non representing Estate Solicitor holding Property Paperwork

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Destiny

Well-Known Member
10 March 2020
63
3
199
Victoria
Hello
My late partner and I held a property as joint proprietorship, in which has now been transferred by land titles to my sole name.
Due to dispute with the nominated executor, I have had an independent representative assist with completing the transfer and advised the executor's solicitor he will not be handling my matters relating to the property.
I am aware the property is not stated on the Will and does not come under the Will.
Upon death, an estranged relative had stated they had handed papers relating to this property to the executor's solicitor but did not say what they were or reply to my requests of what they are.
I requested via email to the executor's solicitor to advise me what property papers he has, and again stated he is not handling the property side, but would not respond to my question numerous times either.

Do I have the right to demand release of any/all paperwork relating to this property to myself, even if my late partners name at the time appears on the papers, due to legally being my property and not being under the Will side he is handling.?????
It has been 6 months and I still do not know what the alleged property papers are!
How should I approach this matter?
Thankyou
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Do I have the right to demand release of any/all paperwork relating to this property to myself
The question you meant to ask is 'does the lawyer have an obligation to hand over papers?'

Likely no.

How should I approach this matter?
If the paperwork does happen to do important, you will have time to deal with it when it is disclosed.

Send a final email. Refer to previous requests and say that should you suffer any losses as a result as a result of their failure to send paperwork, you will seek to join them to any claims made against you.

Then forget all about the 'paperwork' and get on with life. Chances are the estranged relative wants to annoy/upset/niggle/<pick any other appropriate adjective> you.