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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42664
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My Grandmother passed away in 1980 leaving an estate of approx.

Customer Question

My Grandmother passed away in 1980 leaving an estate of approx. $600,000 which was to be divided between my father, uncle & Aunty seeing my father was already deceased before Grandma passed away shouldn't that third share have been passed on to my brother & I
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening. My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.It all depends on what the Will says. If the will makes mention of what happens to a beneficiaries share if they pass away before the testator then you follow that. If it is silent then it is governed by the rules of intestacy as if no will was left for that share of the estate. Do you have a copy of the will?
Customer: replied 1 year ago.
I rang Probate duties office and they say there was no will lodged
Expert:  Leon replied 1 year ago.
Good evening, You mean the Supreme Court of South Australia? That is where Probate is granted. If they applied and probate was granted the court would have a record and you can apply for a copy.
Customer: replied 1 year ago.
I rang the probate duties office in Victoria and they said there was not a will lodged
Customer: replied 1 year ago.
How do I go about contacting the supreme court if there was not a will lodged
Expert:  Leon replied 1 year ago.
My Apology but had to log out and I am unable to call you at this time. She passed away in victoria?If that is the case the supreme court website is as followshttp://www.supremecourt.vic.gov.au/home/forms+fees+and+services/wills+and+probate/Click on the contact link and you can call them ask fro the probate division. They will ask you her full name and also her date of death.If they have probate then the court should find a record of the file. You can then apply for a copy of it. The probate should have the will attached. I hope this makes sense and is of assistance If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon

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