NSW What are My Rights as Beneficiary to Deceased Estate?

[J. Brown]

My uncle died in July this year. He was catholic Priest and his executor of will is as well. I was his next of kin. He also had a power of attorney before he died. I was told by him that I was the main beneficiary but was given no details.

Last week, I received a text from the ex power of attorney saying that I should have heard from the solicitor and/or executor of will, which I hadn't. He gave the name of solicitors and executor. I phoned the solicitors and they said they have no record of any estate in my uncle's name.

I called the executor. He was very short with me, saying that there wasn't anything to tell. There was no solicitor and it didn't need probate as there were no shares and the bank may well just release funds, then he had to go.

I am having trouble finding out what is in the will, and if there is anything I need to do. I got in touch and was told if I can't find out, the ex power of attorney will let me know next week. I know full well he would have a copy as he helped my uncle change it after my mother, my uncle's sister, died last year.

I'm worried that there may be a deadline and I'm being left out for some reason, but don't want to sound like the greedy niece. I hadn't thought about this until I received a text last week.

What are my rights?

Do all estates need to go through probate?

Does the deceased estate need to be handled by a lawyer?

Thank you for any help you can give me...

 

[Sophea]

Hi J. Brown, not all estates need to go through probate, sometimes it depends on what the individual bank or institutions where assets are held requires. As a beneficiary under his will you have a right to obtain a copy of the will from the executor. This is your right under s54 of the Succession Act NSW. The executor is required to give you a copy. That would be a good starting point.