Probate on Will and process involved for appeal.

Discussion in 'Wills and Estate Planning Law Forum' started by Iamataloss, 27 September 2018.

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  1. Iamataloss

    Iamataloss Member

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    Thank you for taking the time to read my question.

    I have only today found out of my mothers death. I live overseas with my wife. My three children live in Australia. My estranged mother died last year (Feb 2017). Probate has been granted. No contact has been made to me about my mother's death or the Will.

    Apart from a listing in 'QLD Law Reporter' dated 13th April 2018, there has been no notice of death in any newspaper. Not that I can find online anyway. I know that it would've been extremely easy to contact me to advise me of my mothers death. Even though I now reside overseas

    I would like to know what legal requirements there upon the executor to locate me upon the death of my mother.

    As well, because of the circumstances surrounding my estrangement from my mother due to extenuating circumstances outside of my control involving violence and family conflict, I want to know if I have any recourse to make a claim against my departed mother's Will through application to the courts. Even if she didn't include me or my children.

    Thank you.
     
  2. MABLaw

    MABLaw Active Member

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    In Victoria we have to advertise the intention to deal with an estate on the Supreme Court website. You should definitely consult a Lawyer, however I believe that the same thing is done in the Queensland Law Reporter. I've no idea if this is online though, or if the public can search through it. Again, getting some legal advice is the best option.
     
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