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Finding Fathers Will

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Kaitlinbaby View Drop Down
Newbie
Newbie


Joined: 31/October/2017
Location: Australia
Posts: 3
  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
Legal Guru


Joined: 20/July/2012
Location: Australia
Posts: 2177
  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
Senior Member
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Joined: 09/October/2005
Location: Australia
Posts: 401
  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: 3
  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
Senior Member
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Joined: 09/October/2005
Location: Australia
Posts: 401
  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.

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