Saturday, July 31, 2010

I need Australian legal advice about a will.?

My mum passed away, a few months ago now, and my step family wont show me her will, mostly coz they know they wernt in it, but also coz they feel like shafting my brother and I.


How can I get a copy, if probate hasnt been applied for, and I dont know the solicitors name.


My mum left us a considerable amount of money, through life insurance, that I dont even know is valid, and my step family is trying to shame me out of my inheritance, by suggesting I only want to gain from my mothers death. ( sick bastards!!!! ) They're also saying there is nothing in the will, the had no assetts, which I already know, but if there is no life insurance, why wont they show me?


Any thoughts?I need Australian legal advice about a will.?
you need to find out your mums solicitor. and also with holding a will from you is rediculous and you should seek further legal advice, in regard of what to do , whether to involve police to retrieve the will. i looked up some stuff for you ... i dunno what state your in but this is from the NSW supreme court. i guess other states would have similar thing . good luck





Can I search the Court鈥檚 probate records?


A search can be made by attending at Level 5 of the Law Courts Building between 9.00am and 5.00pm, Monday - Friday. Staff at the Inquiries Counter will show you how a search can be carried out. No fees are charged for a search.





If you are not able to visit the Court, its staff will carry out a search for you and let you know the result. For this purpose, a search fee does apply. You can request, by telephone, a search for any application for probate filed from 1 January 1989. Requests for searches of applications filed before that day must be made in writing. The request should set out the full name of the deceased, his or her date of death and the last residential address of the deceased.





Can I get a copy of a will?


A copy of a will can be obtained if the will has been the subject of a grant of probate. Application forms are available on level 5, Law Courts Building.





Alternatively, write to the Court requesting a copy of the will and give details of the deceased鈥檚 full name, his or her date of death, probate number and your name, address and telephone number.





A fee must be paid before the will is copied. If the will is an older one and has been stored away from the Court and if it needs to be retrieved by the Court there is an additional fee. You may also contact State Records NSW on 02-9673 1788 directly or refer to their website http://www.records.nsw.gov.au/staterecor鈥?/a>





Can I get a copy of a grant of probate?


A copy of a grant can be obtained in the same way that a copy of a will is requested. You will also need to indicate if you are an executor or a beneficiary.





A copy of the grant which includes the Court鈥檚 seal is called an exemplification. Two types are issued.





1. Details of the grant and any will relating to it - This is available to any person.


2. Details of the grant, any will relating to it and the inventory of the deceased鈥檚 assets that was filed with the application for the grant - Unless the death occurred prior to 1 January 1920, this is only available to executors, beneficiaries or any person(s) who has been authorised in writing to act on behalf of such a person.





The fee for a copy of a grant should be paid when the request is made. Again, if the grant is an older one, an additional fee will apply to cover the cost of retrieving it from storage.I need Australian legal advice about a will.?
Legal advice is only worth what you pay for it.





Go and get your own solicitor and ask your questions of him (or her).

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