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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42973
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My grandmother passed away in 1980 her estate would have

Customer Question

Hello My grandmother passed away in 1980 her estate would have been valued at approx. $600000
My Father Aunty & Uncle were entitled to the estate but my father passed away before my grandmother passed away so should that third go to myself and my brother. My family have not contacted us in over 35 yrs so we feel as if we have been ignored as next of Kin.Is there any way that my brother & I can force the family to pay us our share of the estate after all these years if in fact we are entitled to a portion of the estate My family are from Melbourne so I rang the Probate Duties office to see if there has been a will lodged and they say there was never one lodged.
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 is all dependent what is in the will. If it made arrangements for what happens when a beneficiary passes before the testator then it applies. Otherwise the rules of intestacy. You can contact the Supreme Court of Victoria and ask if they have granted probate and get a copy if they have. It will have the will attached. Their website is as followshttp://www.supremecourt.vic.gov.au/home/forms+fees+and+services/wills+and+probate/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
Customer: replied 1 year ago.
Hello Leon I contacted the Supreme court and they say there has not been a will lodged So where do I go from here
Expert:  Leon replied 1 year ago.
Good Afternoon, Did you ask them if they granted probate? Wills are not lodged in AustraliaDid they search their database to see if an application for Probate had been lodged and if it was granted?
Customer: replied 1 year ago.
I contacted the supreme court and they were a little cross that I had asked for the second time I asked the questions you told me to ask and they said there was no record
Expert:  Leon replied 1 year ago.
Good Evening, If there is no record then the estate could not have been distributed. If she had no will then they would have obtained Letters of Administration. So you have contact with the other family members?
Customer: replied 1 year ago.
The only relative I know of is Carolyn Joyner of Burke rd Camberwell who is my cousin I do not know what number .I do not know where my uncle is His name is***** but have lost touch with him The last address I had was*****Carlton in 1980 Is there any way you could find these people for me and write them a letter enquiring as to the reason why my brother & I have not been involved in the distribution of the estate of my grandmother
Expert:  Leon replied 1 year ago.
I cannot make those enquires, I am here to give you information. You can search them on the Electoral Roll at your nearest Office. The website of the AEC is as follows and you can search the closest office on their site. http://www.aec.gov.au