QLD Access to Legal Documents That Include My Name?

[miamia65]

Hello,

It has come to my attention that my mother-in-law has included my name in legal documents that are detrimental to me. I know what the documents relate to.

Can I legally source these documents from her lawyer under Australian Law? If so, how would I do this?

Thank you

 

[Rod]

Who are the parties in the legal matter, mum and...? (Father, sister, uncle, etc.)

Generally no, but why not get them from the other side?

 

[miamia65]

Who are the parties in the legal matter, mum and ?? (father, sister, uncle. etc)

Generally no, but why not get them from the other side?

Do you mean get them from my mother in law? The parties are my husband, his sister and my mother-in-law's cousin.

 

[yameater79]

see the lawyer if you are a party to the case you have a right to copies of files lodged or to be lodged with the court, as i understand its due process you may have to pay for that right at court house (like getting a copy of a transcript) otherwise lawyer should show you whats going on also if your in it.

 

[Rod]

Then have your husband show you the paperwork.

 

[miamia65]

Then have your husband show you the paperwork.

He doesn’t have all the documents. We have seen one document and suspect that the same or similar clause is in another document. He will ask his mother but she already was deceitful with the document he has. She asked him to sign an enduring power of attorney but only gave him part 3, the attorney section which has a tick box regarding part 1. Part 1 has a clause that includes both of our names and refers to her will. We need to see her will.

He will ask her for that but I’m just looking at a plan B if she refuses.

 

[Rod]

Sorry, I fail to see why you 'need' to her will.

Your MIL is free to put what she wants in her will, and she is under no obligation to show it to anyone.

Your husband does not need to see her will, even for enduring power of attorney purposes. He just needs to know where it is.

 

[Rob Legat - SBPL]

There's simply not enough information here to know what is going on. I also fail to see why you need to see her will. That aside, you have no right to see what is in her will while she is alive. Once she dies, you may (and definitely your husband) as a potential beneficiary.

In terms of an enduring power of attorney (short form - which is the usual one), the document consists of:
- Part 1: Information for the donor and the appointment
- Part 2: Witness certificate
- Part 3: Information for the attorney and attorney's acceptance.

I wouldn't be accepting an enduring power of attorney in any capacity if it was missing any of these parts.

I can't think of anything, off the top of my head, which could be 'detrimental' to you in either of these types of documents. Wills and Powers of Attorney are inherently personal to the person making them, and they can't affect you directly in a negative way.

Is it perhaps that you're named in an unflattering way in them? For example, something along the lines of 'I give X to my son, but only if he is no longer married to miamia65'.

 

[miamia65]

There's simply not enough information here to know what is going on. I also fail to see why you need to see her will. That aside, you have no right to see what is in her will while she is alive. Once she dies, you may (and definitely your husband) as a potential beneficiary.

In terms of an enduring power of attorney (short form - which is the usual one), the document consists of:
- Part 1: Information for the donor and the appointment
- Part 2: Witness certificate
- Part 3: Information for the attorney and attorney's acceptance.

I wouldn't be accepting an enduring power of attorney in any capacity if it was missing any of these parts.

I can't think of anything, off the top of my head, which could be 'detrimental' to you in either of these types of documents. Wills and Powers of Attorney are inherently personal to the person making them, and they can't affect you directly in a negative way.

Is it perhaps that you're named in an unflattering way in them? For example, something along the lines of 'I give X to my son, but only if he is no longer married to miamia65'.

The EPOA includes a clause that refers to a debt that we are trying to sort out with her in relation to a business partnership. It says that if the attorneys listed in the EPOA can’t resolve it then one or both of us owe it to her estate and must pay it within 3 months of her death or as agreed by her lawyer.

Because of this we are thinking that there is also something in her will which we believe is either in draft or has recently been executed.

We are currently attempting to resolve this perceived debt and were surprised to learn about it in the EPOA.

We don’t want to turn this into a legal dispute by engaging lawyers unless absolutely necessary but we do want the clause removed from the EPOA and or her will if it exists in the will.

 

[Rob Legat - SBPL]

That sort of clause is improper for a Power of Attorney, and it's probably not appropriate to put it in a will either (although this may depend on how it's treated). The appointment as attorney has no effect unless accepted by the attorney in signing part 3. I wouldn't be agreeing to sign anything of the sort until the matter is resolved satisfactorily.

It appears possible she is trying to use the Power of Attorney as some sort of acknowledgment of debt - which it is definitely not.