NSW Executor of Will - How to Check If Executor Is Being Truthful?

[wayne mckenzie]

My elderly Great Aunt has just died and several times over the last 20 years has told me that she would leave something in her will as did my Grandfather many times before he died. Since her funeral I have heard nothing and the executor of the will is my last remaining Uncle who was also executor of my Grandfathers will, which I received nothing from as I was told I was not included by my Uncle.

I am not sure whether anything wrong has taken place but I have never seen a copy of either will and if it is on a solicitor's desk I am sure the right thing will be done, but I do not know who her solicitor was and have no remaining relatives to ask besides my Uncle. I am not exactly chasing money, but would love to know the truth and at least see a copy of the will. Who else could I ask or how could I enquire about the contents of the will? I am pretty sure that I have been ripped off by my Uncle but would like to see some proof before I say anything. Any help would be greatly appreciated.
Thanks.

 

[Steve500]

My elderly Great Aunt has just died and several times over the last 20 years has told me that she would leave something in her will as did my Grandfather many times before he died. Since her funeral I have heard nothing and the executor of the will is my last remaining Uncle who was also executor of my Grandfathers will, which I received nothing from as I was told I was not included by my Uncle.

I am not sure whether anything wrong has taken place but I have never seen a copy of either will and if it is on a solicitor's desk I am sure the right thing will be done, but I do not know who her solicitor was and have no remaining relatives to ask besides my Uncle. I am not exactly chasing money, but would love to know the truth and at least see a copy of the will. Who else could I ask or how could I enquire about the contents of the will? I am pretty sure that I have been ripped off by my Uncle but would like to see some proof before I say anything. Any help would be greatly appreciated.
Thanks.

See a lawyer in your state or Territory, and get him to write to the Executors on the deceased's will. If your Biologically related or name mentioned in the will, your eligible to see a copy of the will under the succession Act in all state/territories. If the will went to Probate, the Supreme Court in each state/territory will have one, and ring them and if your eligible for a copy they'll maybe send you one or get your lawyer to send you one. Then your lawyer can look at the will, and make a decision if he thinks your eligible to make a family provision claim, or have been unfairly left out of the will if you have not made been made a benificiary. Time lines apply in each state/territory about makeing a claim since deceased death, good luck.

 

[Sophea]

Dear Wayne,

section 54 of the Succession Act lists several groups of people who are entitled to inspect the will of a deceased person. Check it out: http://www5.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s54.html

As suggested by Steve, I would also do a search in the Supreme Court for the probate application documents which will include the will.

 

[Tracy B]

Hi Wayne,

Further to what Steve and Sophea have suggested, the following blog articles on lawanswers may help you:

• Are you a beneficiary under a will? Know your rights
• Contesting a will (capacity, undue influence and duress) [note also, you can contest a will on the basis of fraud: e.g. your uncle told untruths about you to your great aunt causing her to have an fraudulent representation of you]
• Family provision claims - contesting a will

Whilst some of the articles are aimed at other states, statutes on wills are fairly similar across Australia so chances are, similar provisions and avenues exist in NSW.

 

[Marena]

I have heard many times that someone has promised another that they would leave them something in their will, and failed to do so. Unfortunately, unless you have been named as a beneficiary in the person's will, there is no obligation for an executor to give you a copy of the will. Named beneficiaries are not even automatically entitled to a copy of the will unless they make a request.