VIC Solicitor said he hasn’t kept a copy of my wife’s will

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Skateboard

Well-Known Member
22 June 2017
45
1
124
My solicitor said he hasn’t kept a copy of my wife’s will she made in the 15/2/2022. Sadly she passed away a month later. My son and s the executor and the will was filed at the Victorian Supreme Court by the solicitor. Bizarrely when I emailed the solicitor detailing what I wanted he denied knowing me and suggested I contact him through a solicitor. I then emailed him my drivers licence and told him that when he also made my will and we spoke to each other for about an hour when the will was made about 2 years ago. I again asked him for a copy and said I would pick it up from his office. He has since replied that there is no need to attend at his office as he doesn’t have a copy of my wife’s will that he filed at the Victorian Supreme Court about 5 weeks ago. He suggested that I contact my son but we have mutual intervention orders that prevent us from contacting each other. I has also applied to the Supreme Court for a copy of the will and associated documents. I believe that the solicitor does have a copy but just refuses to cooperate on instructions from my son. Is there anything that I can do to make him give me a copy of my wife’s will.
 

Nighthelyn

Well-Known Member
24 September 2014
103
12
414
Sydney
Dear Skateboard,

Not practically. There is likely a law that says a party in the will (assuming your name is in your wife’s will) can obtain a copy but if a lawyer is instructed not to by his client, he may advise this client it is a legal obligation, but if there is no crime the lawyer is bound to obey his/her client’s instructions.

Also, you call this lawyer “my solicitor” but he is clearly not treating you like his client or even former client. There is something missing here. Seek legal advice.

Good luck!

-Nighthelyn