VIC Will and Estate - indemnity

Discussion in 'Wills and Estate Planning Law Forum' started by Tom7, 12 November 2018.

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  1. Tom7

    Tom7 Member

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    Hi,

    My mother is the beneficiary of her deceased sister’s will. The executor lawyer recieved an official notification about a family provision claim durring the period of the six month from the stepson of the deceased sister. At that time the executor appointed a counsel who is experienced in the field of estate claims. After that first and only notification the executor haven’t received any further notification in relation to the claim. The six month period expired one month ago. The executor had a conference with the appointed counsel, and he said, that the counsel advised that they may prepare for final distribution, subject that my mother sign indemnity and release to him (if claim will be brought later, what seems to the executor unlikely). I would like to have some information about should my mother sign that indemnity and release to the executor? Is this the general practice in a case like this, or he just tries to pass his personal liability to my mother?

    Any help would be great.

    Thanks
     
  2. Paul Cott

    Paul Cott Well-Known Member
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    Hi Tom,

    Without having seen the release and indemnity it is hard to be definitive but it is standard practice for an indemnity and release to be given in case of the perhaps unlikely event that another claim is made.
    Paul Cott.
     
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