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My niece is a beneficiary of her late mothers will. Before…

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My niece is a...

My niece is a beneficiary of her late mothers will. Before she developed Alzheimer's she made a will with my husband as executor . He did not see the will but was told by his sister that she had $200000.00 of savings she wished to leave to her children and some to her grandchildren. One of her sons and one of her grandchildren tragically died. she went back to the lawyer to amend ( or so my husband was told) the will to reflect this. She had already been diagnosed as having Alzemers and subsequently went on to succumb passing away some few months ago just after another of her children also died. Her beneficiaries are her husband 84 and daughter 52 two remaining grandchildren. After his sisters death my husband made enquiries as to how to proceed wth the will . He was then told that the will had been destroyed and that a second will naming her husband as executor and very substantially different from the first had been drawn up but that too had been lost and only an unsigned copy remains. My nieces'. Father is pressuring her to sign paperwork to allow the letters of administration to proceed. She will receive very little of her mother's estate, her father automatically has the family home. I, my husband his brother. And many of our late sister / in law friends are aware that all of estate savings in the bank) were intended to go to my late sister in laws children and grandchildren . She often mentioned this and even on the day she went with my husband reiterated this to him. No mention of her husband receiving any of the money yet the 2nd unsigned will leaves 1/2 to him and the rest to be divided . The lawyer handling the preparation of the is not seeming to comply with my nieces request to see the bank statements and of course believes they may have been depleted over the last few years of her mother's life. This is ver upsetting to those of us who knew our sister' express wishes and the fact that she made very many sacrifices to have the money to leave as she wished . Thanks

Lawyer's Assistant: What confuses you?

How this could happen what are the options for my niece ? I

Lawyer's Assistant: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?

Just getting prepared as to my nieces rights in this instant and if anything can be done to readdress th anomalies before the will goes to probste

Lawyer's Assistant: Is there anything else important you think the Lawyer should know?

Isn't all of that important enough? A loving daughter finding out that her mother's will had been changed?

Submitted: 2 years ago.Category: Australia Law
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Answered in 50 minutes by:
3/5/2016
Solicitor: Leon, Solicitor replied 2 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,912
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Afternoon

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 this is not legal advise Please understand this is not legal advice but a guide to assist you.

Does your husband have a copy of the will that he was an executor of and does he know who her treating doctor was?

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Customer reply replied 2 years ago
No the first will apparently has been destroyed. It is possible go find out who the Dr was.
Customer reply replied 2 years ago
Our concern is that his sisters most adamant wishes before she developed dementia was that her savings , that she had made sacrifices to accrue would go to her remaining children and grandchildren
Solicitor: Leon, Solicitor replied 2 years ago

Good Morning

Your niece does not know who her mums doctor was?

Was her mother in a home?

Do you know who drafted the previous will?

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Customer reply replied 2 years ago
there is only one unsigned copy of the 2nd will . This will does not reflect my nieces mothers wishes. The solicitor who did the first will is retired and the business closed. My niece has been told that unless she agrees to an amount (determined by her father). The estate will have to be determined by probate and she has been threatened this could mean she gets even less. Is there anything she can do before the this happens. This would be entirely opposite to the wishes of her mother who Said many times her money was for her children. Thanks
Solicitor: Leon, Solicitor replied 2 years ago

Good Morning

I am a little confused. The will your husband was executor of, did this reflect her wishes or are the wishes you refer to only verbal from the deceased and never put in writing? The will I am asking about it the first will where your husband is executor. Does anyone have a copy of the signed one.

What state of Australia is your niece in?

Is the father of your niece and husband of the deceased the same person.

Also if you can get medical information that she was of unsound mind when she made the second will, then it is invalid. The Dr has to give this evidence. Then the first will is valid and can be proceeded on.

Your niece does not have to sign anything. She should get her own solicitor as there is a dispute on the validity of the second will.

She should fight it.

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Customer reply replied 2 years ago
Thank you, I was worried that she may not be able to do anything . I will close this discussion now as it seems to be getting more difficult to explain. You have given me good reason to be hopeful of a. better outcome for my niece. We are in WA. I will advise my niece to see a lawyer ASAP . Many thanks
Solicitor: Leon, Solicitor replied 2 years ago

Good Morning

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

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Customer reply replied 2 years ago
Hi, although initially I was a little sceptical, I found that Leon 's advice was very helpful. Many thanks
Solicitor: Leon, Solicitor replied 2 years ago

Good Afternoon

Thank you for that always nice to have positive remarks

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

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