QLD Can I contact the family solicitor

[Gary]

my father passed away 8 weeks ago. towards the end of his life my eldest brother was appointed to look after his affairs.Since his death my mother has moved out of the house, my two older brothers will not speak to me and I am being kept in the dark as to what the family is planning too do with his assets and have no idea what my father had bequeathed to me in his last will and testament.
Under Queensland law am I able to approach the family law firm who have his last will and testament and request information about the contents I believe my brother is still executor of my dads estate (im not sure how it works. do ithe exectors rights and powers cease as soon the head of the estate has died)
I am looking for information about my rights. Can I obtain copies of the will? can I request under the FOS the extract that is only about me? how can I find out what the family intends to do with the remaining assets?
Any assistance offered would be greatly appreciated.

 

[Rob Legat - SBPL]

As a potential beneficiary of the estate, you are entitled to obtain a copy of the will pursuant to section 33Z of the Succession Act 1981. Under the section you are an 'entitled person' as the "issue of the testator" (i.e. child).

A person who has possession or control of the will must allow you to inspect it and/or give you a certified copy (subject to you paying the reasonable expenses of them doing so). That includes the solicitor at the law firm holding your late father's will.

Executors 'rights and powers' only come into effect once the testator dies. Before death they don't have any powers or functions to discharge. What you're probably referring to is your brother being appointed as an attorney - those powers cease on death.

If you are a beneficiary of the estate, the executors of the will must discharge their duties for the benefit of the beneficiaries so they should report to you about their dealings with the estate in due course. If you are not a beneficiary of the estate, and believe you should be, you only have a limited window available to make an application for family provision to the court. You must give notice of intent within 6 months of the date of death, and commence the application within 9 month.s

 

[Gary]

As a potential beneficiary of the estate, you are entitled to obtain a copy of the will pursuant to section 33Z of the Succession Act 1981. Under the section you are an 'entitled person' as the "issue of the testator" (i.e. child).

A person who has possession or control of the will must allow you to inspect it and/or give you a certified copy (subject to you paying the reasonable expenses of them doing so). That includes the solicitor at the law firm holding your late father's will.

Executors 'rights and powers' only come into effect once the testator dies. Before death they don't have any powers or functions to discharge. What you're probably referring to is your brother being appointed as an attorney - those powers cease on death.

If you are a beneficiary of the estate, the executors of the will must discharge their duties for the benefit of the beneficiaries so they should report to you about their dealings with the estate in due course. If you are not a beneficiary of the estate, and believe you should be, you only have a limited window available to make an application for family provision to the court. You must give notice of intent within 6 months of the date of death, and commence the application within 9 month.s

thank you very much Rob