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NSW Queries on Will Distribution?

Discussion in 'Wills and Estate Planning Law Forum' started by coolla1, 2 September 2015.

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  1. coolla1

    coolla1 Active Member

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    Hello, just need some information on the distribution of a will. I have just been asked to sign a will request from a solicitor to request the original will from my mother's original solicitor. At the appointment I enquired about the amount of the monies involved and noticed a discrepancy of approx 80,000.00 dollars from three undisclosed term deposit accounts. I have the copies of the statements and have requested the solicitor call me as I have a query. I would like to clarify the term deposts with the solicitor.

    If the accounts are not accounted for in the information the solicitor has received what would be the course of action if I inform the solicitor of the accounts? Would this be a contest of the will or would the other family member be penalised for not disclosing all the funds. I would rather not have to drag this out through costly court dealings.

    Appreciate your feedback.

    Thank you.
     
  2. winston wolf

    winston wolf Well-Known Member

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    Could these accounts have been held jointly with some one?
    If so they are not part of the estate.
     
  3. coolla1

    coolla1 Active Member

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    Hi winston wolf. No these accounts are solely in my mother's name,opened by my sister whilst my mother was living in a nursing home in Sydney. The accounts have my sister's address in tweed heads on the statements though but not in her name. The initial is the same but only if she uses her maiden name not her married name. thanks
     
  4. winston wolf

    winston wolf Well-Known Member

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    All accounts of the estate should be true.
    I assume you sister is the executor and you are planing a contest?
    Otherwise can you clarify why you were requesting the will or a copy of the will through a solicitor?

    Sorry I'm having trouble understanding the context of you situation.
     
  5. coolla1

    coolla1 Active Member

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    Hi I was contacted by a new solicitor that i think my brother and older sister have hired to process the final details of the will for probate this involved the requesting the original will from my mothers solicitor as the copy of the will my brother has given the present solicitor has a staple hole in it and he requires the original Will not a copy to submit to probate. The form i signed today had the content of all 4 siblings being executors and to give permission for the new solicitor to act on our behalf.

    My brother has been the only one to sign with myself as the other two live out of nsw state. I don't want to contest the will if possible but thought I would see the solicitor again tomorrow to request a copy of the account amounts he has in his file to compare with the information I have. Is this a good idea? I'm not going to give him my information if not corresponding but maybe see an independent solicitor.
     
  6. winston wolf

    winston wolf Well-Known Member

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    Hi Coolla1

    If you are named as an executor it is you responsibility to make sure that the will is executed correctly. This includes that all funds are accounted for and distributed according to the will. So, raising the 'missing' funds is exactly what you should do.

    Yes the new solicitor will need the original to work from.

    If I understand you previous post, you and your three other siblings are named as co-executors.
    Your brother has found a solicitor that he thinks is more appropriate to work for the estate due to location etc
    The paper work you signed is for this solicitor to work for the estate, NOT for them to become the sole executor?
     
  7. coolla1

    coolla1 Active Member

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    Hi Winston thank you for replying. Do you think I should go to the estate solicitor and request a copy of the will and the information for the amount of money submitted for distributing between siblings shown to me yesterday.If the bank account details dont match i feel i need to see an independent solicitor to have them submit the additional accounts on my behalf. What would you suggest, do I give the details to the estate solicitor or involve my own solicitor with the details.thanks again
     
  8. winston wolf

    winston wolf Well-Known Member

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    I would always suggest you get have a copy of the will so you know where you stand.
    Why not just ask the new solicitor about your concerns.
    Remember as an executor the the solicitor is working on your instruction.
    Also remember every contact with the solicitor will cost the estate. So stay informed but don't waist money.
     
    coolla1 likes this.
  9. coolla1

    coolla1 Active Member

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    Hi winston Should I give the additional bank statements to the solicitor when I request the will copy and money details. As you suggested this may save money. I dont feel I can trust him though.Thanks again
     
  10. winston wolf

    winston wolf Well-Known Member

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    Perhaps you should start by just having a quick chat and see how you go.

    Just keep notes of every thing you do. Like all contact with the solicitor and your siblings.
    I'm not suggesting you get all paranoid, just keep records of date time and what was said in case you need them.
    Hopefully you won't and all will be fine.
     

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