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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44904
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I find myself in the position of sole executor of a deceased

Customer Question

i find myself in the position of sole executor of a deceased estate for my father in law who passed away on the 23/8/17. my father in law had a funeral plan to the value of $10500 for which this lump sum amount was made 100% payable to his nominated beneficiary (not binding) being his wife with whom he had been separated from for a period exceeding 16 months. the funeral plan has been approved and monies have been distributed however within my father in laws will he has stated and i quote '4. I have EXPRESSLY excluded my wife from taking any benefit under this my will for the reason that we have been separated for some time.' This will having taken effect as of the 6th June 2016. My question is his son entitled to any of the remaining funeral expenses as part of the estate?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: This is in qld
JA: What documents or supporting evidence do you have?
Customer: Do you mean documents in relation to their separation or the will
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that also in his will he has stated the following '3. I GIVE all of my property of whatsoever nature and wheresoever situated to my said trustees UPON TRUST to pay thereout all duties costs charges and expenses whatsoever of my estate including funeral and testamentary expenses and to stand posessed of the balance then remaining for my son ...'
Submitted: 1 month ago.
Category: Australia Law
Customer: replied 1 month ago.
i do not want this question answered
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Leon replied 1 month ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 1 month ago.

Good Evening

I will need to see the Will so I can see it all.

I cannot comment with one clause.

If the Will says that all his estate after payment of all bills go to his son then that is what happens.

But if you want more details I need to see the will and please do not upload it. Email it***@******.***

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

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