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Answered in 8 minutes by:
3/25/2010
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.
VerifiedHello AnnieMay,
Can you confirm that the Will was drawn up in Indonesia. And that all his assets are in Indonesia.
You might have to rely upon Indonesian law. But please let me know the above first.
Can you confirm that the Will was drawn up in Indonesia. And that all his assets are in Indonesia.
You might have to rely upon Indonesian law. But please let me know the above first.
Ok, that's somewhat encouraging.
You may of course be a beneficiary.
You will have to act quickly here. You have standing to challenge the Will (if you are left out completely or there is inadequate provision for you), that is, the relevant legislation allows you to make a claim, albeit you were not married and are not otherwise related.
I'm not saying you necessarily should make a claim or that it would be successful, only that you can make a claim if all of the facts suggest it.
You have six months in Victoria to challenge the Will, from the date of probate. What you should first do is establish whether the Will has been probated. Go to the Supreme Court of Victoria Website and go to the probate section and somewhere there will be a link to where you can search lodged probates. Not all probates are there, but it's the best place to start.
If you can't find it there, you can either write or go to the Probate Office in Melbourne and search there - this will be definitive. If it is not lodged, I'm pretty sure you'll find that it soon will be. If there is real estate in Victoria probate will almost always be required, well at least often required.
If it has been lodged, you can do a search and obtain a copy of the Will, if it exists. Probate can still be obtained where there is no Will. If there is no Will, you can still make a claim.
You can also telephone the solicitor and at least establish whether s/he is acting. That solicitor might not reveal much, s/he is not obliged to, but you can often read between the lines.
If you want to explore challenging a Will, you will need to consult a solicitor - it is quite complex.
I think that probably answers your question, but if there is anything else please come back.
You may of course be a beneficiary.
You will have to act quickly here. You have standing to challenge the Will (if you are left out completely or there is inadequate provision for you), that is, the relevant legislation allows you to make a claim, albeit you were not married and are not otherwise related.
I'm not saying you necessarily should make a claim or that it would be successful, only that you can make a claim if all of the facts suggest it.
You have six months in Victoria to challenge the Will, from the date of probate. What you should first do is establish whether the Will has been probated. Go to the Supreme Court of Victoria Website and go to the probate section and somewhere there will be a link to where you can search lodged probates. Not all probates are there, but it's the best place to start.
If you can't find it there, you can either write or go to the Probate Office in Melbourne and search there - this will be definitive. If it is not lodged, I'm pretty sure you'll find that it soon will be. If there is real estate in Victoria probate will almost always be required, well at least often required.
If it has been lodged, you can do a search and obtain a copy of the Will, if it exists. Probate can still be obtained where there is no Will. If there is no Will, you can still make a claim.
You can also telephone the solicitor and at least establish whether s/he is acting. That solicitor might not reveal much, s/he is not obliged to, but you can often read between the lines.
If you want to explore challenging a Will, you will need to consult a solicitor - it is quite complex.
I think that probably answers your question, but if there is anything else please come back.
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.
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