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When a will is disputed (though the person for who the will…

Customer Question
Hi when a will...

Hi when a will is disputed (though the person for who the will was written was assured the will was unbreakable by the lawyer who wrote it and I am now being told by this lawyers partner that is not correct) does the money from the sale of the property aromatically go to the lawyers

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

Victoria

Lawyer's Assistant: Has anything been filed or reported?

The two daughters who had not been near him in 27 years and never came to the funeral or - one was a nurse at the hospital he died in and she did not go see him. in the will he stated he had made provision for the in the settlement of the family law settlement

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

Not at the moment thank you

Submitted: 8 months ago.Category: Australia Law
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Answered in 1 minute by:
10/18/2017
Solicitor: Leon, Solicitor replied 8 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,593
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 8 months ago

Good Afternoon

All funds are held in the trust account of the solicitor that is acting for the estate.

Until the dispute is over and settled or the court makes the decision the funds are not released.

What evidence do you have that the deceased was told that his will was not able to be contested?

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Customer reply replied 8 months ago
I took him to the solicitor and also heard what the solicitor told him. The solicitor also told me that if the will was not disputed prior to probate being resolved then it could not be disputed
Solicitor: Leon, Solicitor replied 8 months ago

Good Afternoon

They have a set time limit to dispute.

Had your father indicated that he wanted to make sure they did not get anything?

Do you have anything in writing?

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Customer reply replied 8 months ago
Hi I am the executor to the will and yes he put in the will that he did not want the daughters to get anything and stipulated in the will the the reasons as to why. This gentleman owed me $172,000 as of the 6th December 2006 and he left me the balance of the property less the mortgage (100k) saying that the sale of the property would cover my debt - now I am being told that the debt will be waived - these solicitors wrote the agreement also
Solicitor: Leon, Solicitor replied 8 months ago

Good Afternoon,

I am now confused, the deceased owes you the $172,000 or your brother?

What did the agreement you entered into with this person say about this debt?

It is also been more than 6 years since 6 December 2006, if nothing has been paid then you are out of time to sue for the money as there is a six-year time limit to commence proceedings.

But the agreement you have is very important as to what your rights are.

I would suggest as the executor of the estate you request the file of the solicitor to see what your late father's instructions were as the solicitor may have been negligent and it could be a claim against him.

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