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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44853
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My mother has just passed away, and her partner will not

Customer Question

My mother has just passed away, and her partner will not allow me to see the will. I was previously the executor and not sure if this has been changed. He is also now telling me she cashed in her funeral insurance, but this is not sitting right with me. He has been dishonest in the past in other matters so I really don't know what to do. Please can you advise me what my rights are.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: WA
JA: Has anything been filed or reported?
Customer: Not as yet, she passed away 2 days ago.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so.
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 9 months ago.

Good Evening

If you are a beneficiary under the will you have a right to see it and he has to give it you

Do you have the will in which you wee an executor?

Customer: replied 9 months ago.
No unfortunately I don't. As for him saying she has no funeral insurance how do we verify this due to the privacy act?
Expert:  Leon replied 9 months ago.

Good Morning.

You have to wait until probate is granted.

If your mum had a solicitor I would be suggesting you contact the Solicitor and see if they can tell you anythlng. If there is a new will and you are a beneficiary then you are entitled to a copy. If you are not a beneficiary you can contest.

But you have to wait until they apply for probate and the court will advise you if they have.

You contact the supreme court of WA.

If you had the will where you were the executor you could have used that to contact the insurer and they would have provided you with some information.

I hope this makes sense and is of assistance. If there is nothing further have a great new year and

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