WA Partner's Beneficiary and My Daughter as Executor of Will

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25 September 2014
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My partner has made me his sole beneficiary and my daughter the executer of his last will. His daughter has taken the original will and I only have a copy. My partner specified that his daughter have no claim whatso ever in his will. I have the death certificate, and no knowledge of money in his bank accounts. Without the original will My daughter can not execute his will.
 

Rod

Lawyer
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27 May 2014
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What is your question?
 

Sarah J

Well-Known Member
16 July 2014
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Melbourne, Victoria
Hi Elizabeth,

Doesn't your partner's daughter have the original will? If not, as executor, she should know where the original will is kept (may be with a solicitor). Your daughter will need to apply to court and seek grant of probate before distributing anything to you.

Even though your partner's daughter does not have any gifts allocated to her under the will, she will be entitled to indemnity for any costs incurred and a fee for acting as the executor (if she has not already received this). This is because, the fee is considered a testamentary expense and any debts, charges, testamentary expenses and administrative expenses must come out of the estate first and be paid before the gifts can be distributed to the beneficiary.
 

Rod

Lawyer
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27 May 2014
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Hi Sarah,

FYI I read the OP as mentioning 2 daughters, one her partner's daughter (not in Will but has the Will) and the other her own daughter (executor).
 

winston wolf

Well-Known Member
21 April 2014
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Adelaide
changefpa.com.au
Do you have proof that his daughter has taken the original will?
Has the executor(your daughter) asked for the will and been refused?

Its not impossible to use a copy of a will. But very tricky