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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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Is probate required? I am a trustee with my father in law

Customer Question

Is probate required? I am a trustee with my father in law concerning my mothers will
their lawyer wrote up the will and the lawyer says it is not required as jointly owned property passes to him ..They were both very wealthy and Mum may or may not have had her own property(real estate)
All is in a trust company says the father in law and she had nothing of her own to speak of he states.
there is nothing for any natural children nor grand children as the will states he retains all.
He did not admit to mum having a will when I asked ...I had to approach the lawyer myself to attain a copy nearly 3mths after her death...And then I also discovered that I am made a trustee and executor with my Step Father.
A mention of giving mums grand daughter all her jewelry and my step father saying that as only a ring had been discussed with her parents then that is all she need know about
My brother and I are not on speaking terms due to his attitude regarding other matters not related with mums death....The lawyer has not sent him a copy of the will and my step father told him as with me earlier ..that she did not have a will.
Do I walk away and let the lawyer take my place as executor and trustee.
My father in law is 92 years old, healthy and is very clever at hiding the truth..
He stated today that when I die it is all distributed to the family ..There is nothing for anyone ...He started the trust company and he shall finish it he says.
He can change his will and not respect any inheritance wishes and I feel that this is probably the case.
Lately he has been giving money and gifts to friends and planning holidays with them.
The lawyer says when I question...to let it be and shall hold a meeting to administer the will in a few weeks.
Do I seek legal help or do I walk away....I am also the Power of attorney financial.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

When you say your mother was wealthy, do you mean independently of your father in law?

How long were they married? Did your mother have substantial assets before they married?