Ivy desperate for clarity on Will

Ivy and her partner are desperate for some clarity around his father’s Will. Estate planning expert Rod Cunich comes to the rescue. 

Q. Ivy
My partner’s father died and left a Will with his sister as the executor. My partner has never seen the Will or anything to do with his father’s money. He was told by people who knew his father that the house was to be left to him and his sister was to get the monies. We would like to know where to start to find out what was in any papers involved in his father’s death. Where would we start? We need some answers for peace of mind.

A: The short answer is to see a solicitor who will take the necessary steps to obtain the paperwork for you. If you want to exercise some ‘self-help’ before engaging a solicitor then:

  • First, write to the solicitor acting for your partner’s sister and ask for a copy of the Will.
  • If that does not produce results, approach the Probate Division of the Supreme Court in your State or Territory and make inquiries. If an application for probate has been lodged and your partner is a beneficiary, then it’s likely he will be able to obtain a copy of all the documents lodged with the court in support of the application, including the Will.

Rod Cunich is a lawyer with more than 30 years’ experience in estate planning. If you have a question for Rod, simply email it to news[email protected]

This information has been provided by Rod Cunich and should be considered general in nature. Seek legal advice before acting on this information.

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Disclaimer: All content on the YourLifeChoices’ website is of a general nature and has been prepared without taking into account your objectives, financial situation or needs. It has been prepared with due care, but no guarantees are provided for ongoing accuracy or relevance. Before making a decision based on this information, you should consider its appropriateness with regard to your circumstances. You should seek professional advice from a financial planner, lawyer or tax agent in relation to any aspects that affect your financial and legal circumstances. Financial comments provided by readers cannot be relied on as professional advice, but as general comments only.

Written by Janelle Ward

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