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I find myself in the position of sole executor of a deceased…

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I find myself in...

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?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

This is in qld

Lawyer's Assistant: What documents or supporting evidence do you have?

Do you mean documents in relation to their separation or the will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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: 11 months ago.Category: Australia Law
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Customer reply replied 11 months ago
i do not want this question answered
Customer reply replied 11 months ago
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Answered in 51 minutes by:
9/7/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,938
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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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.

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Solicitor: Leon, Solicitor replied 11 months 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.

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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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