When Lorraine’s ex-husband died, his children never saw the will and were never given adequate advice by the solicitor. She wants to know if it is now too late to pursue information.
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Q. Lorraine
My ex-husband passed away in 2012. My two children have never seen the will and don’t know who the executor is. They got in touch with a solicitor about a year or two ago. They didn’t understand they probably had to do it sooner.
The solicitor said he was getting a court order but never got back to them. The secretary told them the deceased’s brother was the executor but that wouldn’t be so as they had nothing to do with each other. Then she said that he didn’t leave a will.
My kids have given up, but I would like to know if they are entitled to see the will, as they understood from their father that they would be entitled to the estate after his wife dies. What can they do? Things can change without their knowledge as they are not in contact with their father’s wife any more.
A. You should encourage your children to see a solicitor who specialises in probate and estate administration, as there are legal procedures that can be taken to secure a copy of the will. Be warned, however, that it may already be too late.
This answer is general information only, not specific legal advice. You should not rely on it without specific advice from an expert who can review all the relevant documents and circumstances.
Rod Cunich is a lawyer with more than 30 years’ experience in estate planning. If you have a question for Rod, email it to newsletters@yourlifechoices.com.au.
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Disclaimer: This information has been provided by Rod Cunich and should be considered general in nature. Seek legal advice before acting on this information.
