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Hello, my question about a will. I am far from Australia.

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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Hello, my question about a will. I am far from Australia. In Sydney i had aunt, she deceased on december of 2011. She has just an estate. She left a will.
According the will, 25% of estate(or cash equivalents) is for me and 75% for executor of will. But executor don't think so. Executor made an agreement and according it she offers update her part up to 90%. Executor claim that she provided services to the deceased for more than 20 years. I don't now it and i can't communicate with executor, only through her lawyers. If i will not agree with executor, her lawyers commence preparation executor’s application to the Supreme Court NSW for a claim for provision under the Succession Act NSW 2006 for the whole estate or alternatively for a claim under constructive trust and equitable estoppels, based on the services provided by the executor to the deceased for more than 20 years.

So, i have a question - Can executor contest the will according Australian law and get 100% of estate or I need agree with executor's offer and it is best choice for me?

 

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State/Territory: RU

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Submitted: 343 days and 16 hours ago.
Category: Australia Law
Value: $59
Status: CLOSED

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Expert:  Sydney-Lawyer replied343 days and 14 hours ago.

Good Evening


If the executor is going to contest the Will they cannot be the executor.

They have to give up their position as executor because there is a conflict of interest. You will need to have your own solicitor to protect your interests.

You need to look after your own interests. If you have need the court will be reluctant to change the will and give the executor more.

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Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.2 %
Accepts: 17179
Answered: 7/10/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Expert:  Sydney-Lawyer replied339 days and 13 hours ago.

Good Evening,


Is there anything else I can assist you with? Please do not hesitate to ask me.

 
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