VIC Probate

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Jackielew

Member
5 May 2020
2
0
1
My question is my father passed away just over a year ago my sister and I are the only beneficiaries
He died in nsw my uncle is executor
His bank account was in Victoria
It was not a lot in the estate my uncle engaged a nsw solicitor
I asked where was going to probate to receive an email saying bank has waived the right to probate and money is held in trust for 12 months at the end of 12 months if no one has made a claim then funds will be released
It’s been 12 months and now my uncle has decided to go to probate in Victoria
I don’t understand he saying if there is a claim
But we were told 12 months probate was waived by bank and this was being dealt with informally
I don’t understand how he can do this and we have no rites and what we can do
It’s not fair we trusted him and his solicitor
What can I do
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
Go back and ask why. There could be a valid reason, such as discovery of further assets warranting the obtain8ng of probate.
 

Jackielew

Member
5 May 2020
2
0
1
He said a potential claim from his ex partner who split up with 5 years ago
She has made no attempt in a year to do so
He is using it as an excuse