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QLD Right to See Father's Will?

Discussion in 'Wills and Estate Planning Law Forum' started by Katt, 23 August 2016.

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  1. Katt

    Katt Member

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    13 years ago my father had a stroke and has lived in a nursing home with his wife taking him home about twice a month. He told myself and my brother a few years ago that he had to write us out of his will and go to court to say we abandoned him.. At the time of his stroke we were asked to sign over administration rights to our step mother.

    I have asked for a certified copy of his will from her solicitor 4 times and have had no response. Do I have any rights to obtain a copy or rights to anything that may be left. Is there any way I can find out what assets he had left.

    If I can contest it as his child, what type of share am I looking at?
     
  2. Sophea

    Sophea Well-Known Member

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    SUCCESSION ACT 1981 - SECT 33Z33Z Persons entitled to inspect a will or to obtain a copy of a will

    S33z of the Succession Act Qld provides that as a child of the deceased and / or former beneficiary under the will you have a right to request a copy of it from the executor. Threaten a court application if they don't provide you with a copy.

    If your father has not left you adequate provision in the will, you can contest it as a child. Its difficult to say how much you would be entitled to, the court will determine what your provision should be based on a consideration of:
    • The nature of the relationship between you and the deceased
    • The nature of the relationship between the deceased and any other beneficiaries
    • The size and nature of the estate
    • The financial needs of yourself and any other beneficiary
    • The health needs of yourself and any other beneficiary
    • Any contributions (without adequate repayment) you made to the building up of the estate, the welfare of the deceased or the welfare of the family of the deceased
     
  3. JordanJames

    JordanJames Member

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    Wills is very important for everyone for their future assets. Yes, you have the right to get the copy of your assets that your father had left.

    You should contact the lawyer that your father had done the will with. If not, then contact with any other lawyer.
     

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