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NSW Will and Executor of Will - Refund of Taxation - Dodgy?

Discussion in 'Wills and Estate Planning Law Forum' started by Jazzhands, 20 March 2016.

  1. Jazzhands

    Jazzhands Member

    20 March 2016
    Likes Received:
    My mum died 6 years ago. My brother got the house and I got some money from mum's bank account after everything had been paid. Bills, funeral, probate, the solicitor that took care of everything. I contested the will and lost so the money for both side solicitors came out of the money I was left by my mum. Now after all this time, I have been contacted by my brother's solicitor who also was the solicitor who had done the will for my mum, etc.

    My brother was executor of will. I received a letter that says the law firm received a refund of taxation on my mum's estate and Pursuant to the Deed of Settlement these funds are payable to me. Then there is a statutory declaration where I have to declare I am a beneficiary of the estate and I am identical with the person described as in the will of............ (but it says my name), then I have to declare that I am neither bankrupt nor insolvent. Then it talks of my obligation to notify the Administrator / Executor of will should my circumstances in the context paragraphs change and that distribution to me of my entitlement from estate is made by the Administrator / Executor based on the faith of what I say in this declaration.

    What on earth does this all mean? I received a cheque years ago from my solicitor, signed paperwork and thought that was that. So why am I suddenly receiving a tax refund because of my deceased mum and why do I have to sign something that sounds really dodgy?
  2. Mary W

    Mary W Well-Known Member

    20 March 2015
    Likes Received:
    Hi Jazzhands. It is hard to respond without knowing the full circumstances, but it is not really clear why you are so suspicious of this, apart from the name of the deceased apparently being mistakenly put as you. Nothing else about what you are asked to sign sounds particularly unusual. Have you seen the Deed of Settlement?

    It is possible that the estate tax returns were not put in for quite some time, and that you are indeed entitled to the refund. Perhaps the return was delayed because of the challenge to the Will.

    Have you contacted the solicitors who sent you the letter, or your own solicitor if you still have one, to clarify why this has happened now?

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