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I have a probate question....i was left a ring in my

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Second opinion] Hi there...

Second opinion] Hi there, i have a probate question....i was left a ring in my grandmothers will, but have no documentation to prove it is mine - i never signed for it. The stone has fallen out and is now lost....is the executor obliged to provide proof that the items left in a will are legally handed over? Kind regards,

Lawyer's Assistant: Estate laws vary by state. What state are you in?

NSW

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

Nothing

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

My mother is the sole executor, and had sole power of attorney over my grandmother who passed away in august, 5 weeks short of 103. My mother has done some very suspicious stuff in both capacities, and i to not trust her...she handed me the ring and told me not to let anyone know i had it since probate had not gone through.....probate was apparently granted on 29th Jan, though i am still without any documentation related to my inheritance, and all insurance policies have been cancelled. I wish to know what i may be able to do about this, regards,

Submitted: 3 months ago.Category: Australia Law
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Answered in 1 hour by:
3/27/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,327
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 3 months ago

You have explained that your where left a ring in your grandmothers will. In this situation you are technically a beneficiary under the will. Even if you do not have copy of the will you can request a copy of the will from the executor, who is your mother.

Where your mother is refusing to provide you a copy of the will you can lodge an application with the probate division of the supreme court to provide you a copy of the probate documents that have been filed and will. Once you receive the probate document s including the will, you will then be able to sell the entire estate of your grandmother and what were the conditions under the will.

If you attend the court directly you will be able to obtain the relevant documents on the same day.

The executor needs to maintain very good records of when assets are handed over to beneficiaries under the will. If the executor has failed to provide proper records they can be liable for any loss that has occurred.

Where you have suspicion in relation to the executor’s actions you have a right as a beneficiary to place them on notice have the estate audited at the request of a court oder.

Your situation you are facing is a common one where beneficiaries under the will are kept in the dark, and you do have legal right to action to protect your estate and your interest as beneficiary under the will.

Does this answer your important question today ?

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