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My father died 8 years ago and 6 weeks ago i found out he…

Customer Question
My father died 8...

My father died 8 years ago and 6 weeks ago i found out he set up a protective trust for me. My brother is executor and he has clearly not carried out any of my dads wishes, there would have been a large sum in it. What can i do my brother has duped me. He actually told me i wasnt relevent in dads will.

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

Queensland

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

I just got hold of my dads will, for first time 6weeks ago. It is written in it.

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

There is big amounts my brother sold of lots of property.

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/21/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,564
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 8 months ago

you can make a family provision claim against the will

and where your brother has not acted appropriately as executor you can raise a claim in the Supreme Court Probate division to see compensation for a breach of fiduciary duties and the loss that has occurred.

have you issued a formal complaint to the executor in writing yet ?

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Customer reply replied 8 months ago
No i did ask why i was never told or shown the will, and that is when he said "from memory i wasnt relevent"
Solicitor: John Melis, Lawyer replied 8 months ago

if you are a beneficiary under the will you are entitled to a copy.

I recommend that you consider raising formal proceedings against the executor to recover the losses

would you consider this option?

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Customer reply replied 8 months ago
definately what would be my next step and could you explain definition of pprotective trust please
Solicitor: John Melis, Lawyer replied 8 months ago

this is where you will need the help of lawyer to prepare the claim

I have extended a special offer to talk on the telephone if you prefer ?

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