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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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I would like to know about Nuncupative will. I am in NSW,

Customer Question

I would like to know about Nuncupative will .
JA: What state are you in? It matters because laws vary by location.
Customer: I am in NSW
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: My cousin passed away and I believe the executor has not adhered to her verbal requests and what she asked me to do last time i spoke to her .
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 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 I am very limited on what I can tell you and that you may have to get more detailed advice.

I am not sure what you mean by Nuncupative will

Customer: replied 7 months ago.
Good Evening Leon , As I understand it is an oral will .
A background on this matter ; My Cousin passed on 16 November 2013. She was a very frail 87 year old lady of bad health .
I spoke to her the week before she died and she was very upset at the executor and asked me as a JP to help her , we talked about her will , she expressed her wishes / changes verbally to her will and feared that the executor [a friend] would not adhere to her verbal wishes and changes in her will , they were verbal as she had bad arthritis and could not write legibly , she died a few days later before i could act for her. Her fears have proven to be correct .
My questions are ; 1. At law can the verbal wishes / will she made to me be upheld over the written will ?.
2. As probate has been granted what recourse against the executor do the relatives of the
deceased have to right the wrongs of the executor ?.
Thank you for your time and advice on this matter.
Yours faithfully ,
John G oakman JP.
Expert:  Leon replied 7 months ago.

There is no such thing.

If someone passes without a written will then the law of intestacy applies.

If there is an executor then there must be a written will.

If you wish to contest her will because of her verbal instructions you have to start an action in the court.

If the executor fails to comply with the will the beneficiaries can sue the executor.