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What is the Legislation re the finalising of Wills in NSW…

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What is the Legislation re...
What is the Legislation re the finalising of Wills in NSW? How do I proceed in removing the Executrix? Can I contact you directly? desperate for closure!
Submitted: 8 years ago.Category: Australia Law
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Answered in 1 minute by:
6/28/2010
Solicitor: Leon, Solicitor replied 8 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,901
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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HI JACUSTOMER-qtiy8o0i-

are you asking about changing a will to remove an executrix? or

you want to remove an executor in a will of a deceased?
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Customer reply replied 8 years ago
I want to remove executrix from will. As stated before this person, my cousin has been obstructionist fro day 1. Refusing to acknowledge, sign, return documents pertaining to my Mother's Will. My Mother passed away 26 December, 2006! According to the Lawyer Helen Harton my cousin is angry that no provision was made to her in the Will? Not my fault. She has completely cut me out of her life!
Solicitor: Leon, Solicitor replied 8 years ago
HI JACUSTOMER-qtiy8o0i-

you need to speak to the Solicitor as a beneficiary under the Will and ask her about you filing an application with the court that you be appointed as executrix of the Will and that your cousin be removed.

She may refer you to another Solicitor so that you get independent advise.

2006 to now is a long time for a Will not be probated and finalised.

You will need to seek the orders that she be removed and also provide an affidavit that sets out in detail the evidence you seek to rely on.

She is only a niece and she does not have any rights to contest the will and hence she has not commence proceedings seeking a benefit.

You need to make the application otherwise the matter will not finish. The Executor is responsible for ensuring that the estate is looked after for the benefit of the beneficiaries and to deal with the probate as quyickly as possible.

The act is the Succession Act 2006

http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/

I hope this is of assistance
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