Have Australian Law Questions? Ask a Lawyer Now.
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?
Your niece does not know who her mums doctor was?
Was her mother in a home?
Do you know who drafted the previous will?
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.
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.
Thank you for that always nice to have positive remarks