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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Our grandmother passed away 3 months ago. She made her

Customer Question

Hi, Our grandmother passed away 3 months ago. She made her lawyer executor of her will. We have not heard from him, and he doesnt return our calls, or confirm payment of bills, such as landlords insurance which was due last week. Can we get him removed as executor? I paid $1600 already to lawyers, and that was for a meeting and a draft letter. I cant afford to pay lawyers. My father, who was an only child, is also deceased. How long should probate take? My grandmother has a will. thanks
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months 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.

You have to apply to the Supreme Court to have him removed.

You should get your own solicitor to represent you as a beneficiary.

It is going to be a costly excercise if he decides to fight you on it.

Do you know if he has applied for probate?

Customer: replied 10 months ago.
I know nothing from him. I only know that he got partial information from my grandmothers accountant.
Customer: replied 10 months ago.
how can we know if he applied for probate?
Expert:  Leon replied 10 months ago.

Good Afternoon

You can contact the supreme court and see if probate has been applied for.

Also you should write to him and set out that you have called and the dates and times and he has not returned the calls.

Also ask for a copy of the will. You are entitled.

Customer: replied 10 months ago.
how long should probate take usually? if property is left in my grandmothers will, to my father, who is deceased, who gets the property? my mother? the grandkids? is it divided equally?
Expert:  Leon replied 10 months ago.

Good Afternoon

Once filed the court should grant it in 4 weeks.

The will would say who gets the assets if someone has predeceased her.

This is why you need the will.

If there i noone living and the will does not say then the law of intestacy applies. This means they try and find beneficiaries and distribute as though there was no will.

Customer: replied 10 months ago.
I have seen the will. It just mentions that it goes to my dad. She didnt expect him to pass, before her. So what happens then?
Customer: replied 10 months ago.
She was too unwell, when he passed, to make another will.
Customer: replied 10 months ago.
What happens if part of the will, she leaves some assets to my sister, and the rest to my dad. What happens then, as my dad is deceased? (yes, she did favour one out of 3 grandchildren...)
Expert:  Leon replied 10 months ago.

Good Afternoon

It makes no mention of anyone passing before her?

Customer: replied 10 months ago.
no. My grandmother was very old when she passed. 96.
Expert:  Leon replied 10 months ago.

Ok

In that case any gift to a deceased beneficiary fails. This means it goes under intestacy.

Here is the detailed explanation

http://www.lawreform.vic.gov.au/content/5-intestacy-0

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