VIC Unclaimed Funds

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charlotte4566

Active Member
22 January 2022
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Can I have myself declared to be the ‘Next of Kin’ in Australia in order to claim money left in an old account for a deceased relative?
 

Tim W

Lawyer
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28 April 2014
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Does the deceased have a will?
 

charlotte4566

Active Member
22 January 2022
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The deceased left a will, a copy of which I recently recieved from the Victoria govt. The executor and his wife are both dead, as are the other people mentioned in the will. They were his deceased wife's relatives. The deceased had no children and he was my father's 2nd cousin.
 

charlotte4566

Active Member
22 January 2022
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31
The property is unclaimed funds in ASIC. The deceased passed away in 2004. Probate was granted in 2006. There was no will in the Public Record Office of Northern Ireland, but a short time ago a will in Australia came up on Ancestry.com and I senta away for a copy. The Executors were the brother-in-law now deceased) AND a lawyer in Northern Ireland. I'm wondering if the lawyer has rights to collect that unclaimed money or could I. It's been sitting there for at least 13 years.
 

Tim W

Lawyer
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28 April 2014
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820
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Sydney
Perhaps, if the execution is incomplete, that the lawyer in Norther Ireland may still in office.
Start by contacting them and seek their view
 

charlotte4566

Active Member
22 January 2022
7
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31
Perhaps, if the execution is incomplete, that the lawyer in Norther Ireland may still in office.
Start by contacting them and seek their view
The lawyer has also died, but the firm still exists. I suppose if I alert them to the unclaimed money they’ll just claim it?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
They can't claim it - as in, make it their own property.
But it's still estate property even if undiscovered after all this time.
Which can mean, that yes, as a matter of technical law, if you claim it, you may be stealing it.
 

charlotte4566

Active Member
22 January 2022
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Thank you. I guess it will just stay there. Seems a shame, but it’s not appropriate for me to do anything about it.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
Depends. What if you are the last surviving relative?
 

charlotte4566

Active Member
22 January 2022
7
0
31
I have cousins in Northern Ireland. They would have the same degree of kinship to Howard as I do. It’s only $8,000. Not a huge deal; I just thought if it’s sitting there, someone named Kenny should claim it. Thanks for your comments.