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Finding Fathers Will

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Kaitlinbaby View Drop Down
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Joined: 31/October/2017
Location: Australia
Posts: 4
  Quote Kaitlinbaby Quote  Post ReplyReply Direct Link To This Post Topic: Finding Fathers Will
    Posted: 06/January/2018 at 10:40
Really would like to see my Fathers will,

Dad died in 2008. My Mother is still alive. There have been 4 wills made since he died. My strange greedy sister putting the wills together; poor Mother not really aware of what is going on.

I would like to see my Fathers will. Have been to the Public records Office with no luck.

Cheers
All the best

Kaitlin.

emca01 View Drop Down
Legal Guru
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Joined: 20/July/2012
Location: Australia
Posts: 2233
  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 06/January/2018 at 20:11
Ask mum which solicitors office was used... They might not give it to you due to privacy...

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 611
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 06/January/2018 at 20:38
A valid will has to be signed by the testator in the presence of two witnesses, who also have to sign in the testators presence, I do not understand what the OP means about wills being made after he died. It is not legal to make a document that purports to be the will of a deceased person. Only the testator can make a bequest in their will.

There is no question of privacy, any person who would be entitled to a share of the estate by law, if the deceased died intestate (died without a will), is entitled to receive a copy of the will from the executor on payment of reasonable copying and postage charges. See NSW Succession Act other States have similar acts.

Kaitlinbaby View Drop Down
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Joined: 31/October/2017
Location: Australia
Posts: 4
  Quote Kaitlinbaby Quote  Post ReplyReply Direct Link To This Post Posted: 08/January/2018 at 12:18
Thank you, for your response. It is my Mothers Estate now. My Mothers will is the one that keeps being rewritten in favour of the PO. Every time the will is rewritten I get left less.
My Mother would not know what is going on, my sister has poisoned my mother against me. I live with my Mother, I am her carer. Honestly my Mother thinks the will is pretty much 50/50.
The sister lies to her and says yes that is what it is. I have a fair idea who all the law firms are. However they have all been advised that I am estranged from my mother.
Thank you once again.

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 611
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 08/January/2018 at 21:13
It is only your mother who can write her will, assisted by her solicitor. If your sister is writing a will for your mother and forcing her to sign, that is an invalid will. If your mother has made a will but is not competent to do so, that is an invalid will.

If you live with your mother and are her carer,you are not estranged from her, she may not be talking to you, some elderly people resent being assisted to do things they believe they can do themselves, when sometimes they are unable to do so.

Perhaps you should talk to a counselor to gain some strategies to deal with the situation that you find yourself in. You should also talk to both a solicitor and your mothers doctor. Check wit the doctor about whether he considers your mother competent to make a new will. If the answer is no, have him give you a letter to that effect.

Keep that letter and use it to invalidate any new wills made, use it at any probate hearing after your mother passes away.

Kaitlinbaby View Drop Down
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Joined: 31/October/2017
Location: Australia
Posts: 4
  Quote Kaitlinbaby Quote  Post ReplyReply Direct Link To This Post Posted: 11/March/2018 at 15:21
Dear CJ thank you so much for your response.
Sister now is telling Mother that she may have to put her in a facility and that she has the power to do that as she is her guardian. Although the Doctor is in my sisters pocket he would do what ever sister requested. Mum and I are of the opinion sister she was simply her EPO and EMPO not PO/guardian. Mother wants to age in place here at her home with me.

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 611
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 12/March/2018 at 00:39
If your mother has executed a PO or EPO in favor of your sister, and the sister is acting against your mothers wishes, provided your mother is legally competent (not demented) she can revoke the PO or EPO and tell your sister to go jump. Her solicitor can assist her to do this.

AMK Law View Drop Down
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Joined: 11/September/2017
Location: Australia
Posts: 21
  Quote AMK Law Quote  Post ReplyReply Direct Link To This Post Posted: 28/March/2018 at 16:46
Hi Kaitlin,

We would need more information such as the date when your father passed away, last known address etc. to see if a copy of the will can be obtained.

In relation to your mother’s estate, questions often arise about when a will comes into operation and whether a will can be inspected if the testator is still alive. The reasoning of this is because the testator can make changes to an existing or revoke a will during their lifetime and a will only become operative after the testator’s death. Lawyers are bound by duties of confidentiality and they cannot release a client’s documents (wills) unless the testator (your mother) gives them the authority to do so.

Further, it may be possible to contend the will by arguing that a will is invalid because of a number of factors. One factor can be use of undue influence or pressure upon the testator to make a will.

Section 50 of the Wills Act 1997 (Vic) lists the categories of people who may see a will. Further, if someone is left out of the will or they want to claim more share in the estate of the deceased then in Victoria, a person can apply for a court order to redistribute the estate if they think that the deceased person had a responsibility to provide for them.

Should you wish to discuss this matter further, please feel free to contact us via email on admin@amklaw.com.au, via phone on (03) 8564 8474 or visit our website at www.amklaw.com.au



Edited by jaazzz - 28/March/2018 at 22:38
This information is of a general nature only and it is not, nor is intended to be, legal advice.

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