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TAS Residuary Beneficiary Rights

Discussion in 'Wills and Estate Planning Law Forum' started by Janmel, 16 June 2014.

  1. Janmel

    Janmel Active Member

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    My son died intestate 4 years ago, his estate was simple, and his father and I were equal next of kin and therefore the only beneficiaries. His father and I are estranged. The right to administer the estate was granted to his father by the Tasmanian Court. Most of the estate was disbursed over two years ago, but a balance has been withheld (in case). At first I was being verbally informed about progress on the estate, but I've heard nothing in two years and I've never received any paperwork.

    My questions are:
    1) What are my rights under Tasmanian law to a Statement of Distribution and explanations to justify delays in finalising the estate?

    2) As beneficiary, how can I get my share of the balance sooner rather than later? (dealings with my ex have not been cordial, and letters and phone calls to his solicitor are met with "we can't do anything without instructions from the administrator")?
     
  2. Tim W

    Tim W Lawyer

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    CathL likes this.
  3. Janmel

    Janmel Active Member

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    Thank you for this response. I've read both pages (perhaps not carefully enough), but my summary of what I found applicable to my question is this:
    1) The hobartlegal site simply reinforces the point that, as he had no wife or children and his father is alive, as his mother I am entitled to half of his estate; and
    2) the legalaid fact sheet indicates that - without sound reasons for delay - I should have received my entire share within 12 months. Beyond that, I have no rights except to complain to the Court if I'm not happy with the situation. I don't even have the right to the process being made transparent by the supply of paperwork.
    Have I missed anything that you feel I need to consider?
    Thank you again
     
  4. winston wolf

    winston wolf Well-Known Member

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    How much was the balance? if you have any idea. 100's 1000's 10,000's ?
    Unfortunately you rights are to receive it in a "reasonable" time to distribute and a financial statement when the estate is finalised.
    The only way to resolve a dispute is through the courts.

    Y eh I know its like the Twilight Zone.
     
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  5. Janmel

    Janmel Active Member

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    Hi Winston
    I've been told the balance is around $5000, so my share would be $2500-ish - all of which, if not more, would likely be chewed up in fees.
     
  6. winston wolf

    winston wolf Well-Known Member

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    Well then, what can you do? Write a few letters then move on :)
     
  7. Janmel

    Janmel Active Member

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    Thank you for your help.
     

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