Brief Background
- I'm currently in contested will proceedings for Testator lacked capacity
- The named Executor is the applicant for probate but also spouse, EPOA, and has applied for Superannuation as a dependent.
- I am classed as a beneficiary, but I am taking all the necessary steps to protect the estate
- There was over $3.5 to $5M in the Estate, however, we don't know what is remaining.
- Named executor was in a fiduciary position, but I won't be applying for a claim against the EPOA. Just the person.
- How can I apply for an equity claim as a fiduciary (not as a beneficiary)
- Can I apply without knowing the $$$ amount
- Any suggestion on a good pleading/order to find out the $$$ amount
- Any suggestions regarding damages/interests etc?