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abbeyfield01 View Drop Down

Joined: 23/June/2005
Posts: 1
  Quote abbeyfield01 Quote  Post ReplyReply Direct Link To This Post Topic: wills
    Posted: 23/June/2005 at 01:47
I would like to know how we go about finding out if my husbands father has included him in the will he has recently passed away and was remarried we dont want to ask this question to his wife at this stage as it was only recent but we also dont like being left in the dark could you also tell me if there is a time limit on contesting a will

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Joined: 20/May/2005
Location: Australia
Posts: 182
  Quote AussieLegal Quote  Post ReplyReply Direct Link To This Post Posted: 23/June/2005 at 17:26

A  person making a will is required to appoint an executor to administer the estate upon the death of the will maker. The executor is responsible for carrying out the instructions contained in the will.  The executor normally arranges a meeting of the beneficiaries or people who will receive gifts under the will.  A copy of the will should be given to anyone with a legitimate interest which would certainly include a son of the deceased.  Your husband would need to find out who the executor of the will is to obtain a copy.  The executor may be his wife but this is not necessarily the case and may be a family solicitor, other relative or friend? 

In terms of contesting the will the time limit is six months from the "grant of probate" which means obtaining the formal approval of the Supreme court  to the will lodged with the court which allows the executor to administer the estate and distribute the assets.  This time limit can be extended with the permission of the court but tbis may not necessarily be granted.

Aussielegal can put you in touch with a lawyer in your area to act on your behalf.  Alternatively we provide a telephone advisory service where we can put you in touch with an experienced solicitor who can provide you with legal advice ove the telephone for a payment of $5 per minute.  The telephone number for this service is 1300 728 200. Aussielegal

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