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Answered in 8 minutes by:
6/19/2012
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Evening.
Thank you for contacting us and I will do my best to provide you with information to assist you with your question.
I am sorry to hear about your loss and I know how difficult this time can be.
Unfortunately there is very little that can be done about what your father has done during his lifetime.
In Victoria you cannot ask the court to reverse the transaction and bring the asset back into the estate or seek an order that the discount be paid.
What is done is done and the beneficiaries have to accept what is left in the estate at the time of his death is what is split.
I am sorry I cannot give you anything more positive. Victoria has not adopted the same attitude as New South Wales where assets sold up to 3 years before the death of a party can be bough back to the estate and form part of the assets under the will.
I hope this is of assistance and if so please click on the smiley face on the right hand side. If you wish more information please ask and I will do my best to assist.
Good Evening
You can request copies of all bank accounts etc at the time of death. As executor she is not required to give them to you though.
If you believe that she is not performing her duties correctly you can challenge her and request she be removed as executor and seek that you are appointed as administrator. This will have to be done through the courts.
You should request a copy of the probate, if she has applied, if not then it is up to her to provide you information that you want to know.
I am sorry it is not more positive and not what you would like to hear.
If I have assisted please provide positive feedback by clicking on the smiley face on the right.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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