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Serish, my question is that my father-in-law has given the…

Customer Question
Hello Serish, my question...

Hello Serish, my question is that my father-in-law has given the bulk of his estate to one family member leaving the other 6 with a small remainder to be shared, She won't tell us the amount gifted to her, and we want to access the bank accounts for the past 5 years so we are aware of how much was gifted and to be transparent

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Auckland

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

Not entirely sure what that means. Two family members are executors of the will, one being the main beneficiary

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

That is it for now

Submitted: 8 months ago.Category: New Zealand Law
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Answered in 21 minutes by:
9/20/2017
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,631
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

It would be helpful if you told me when your father-in-law died, because there is a limitation period for making claims against an estate. In addition you can get a copy of the will which would help. I wasn't sure from your question but if there was a gift made to this family member in the five years before, you might want to challenge this if you think your father-in-law was subject to undue influence.

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Customer reply replied 8 months ago
Hello Chris
My father-in-law died on the 20th June 2017. We do have a copy of the will. The estate is divided 7 ways (7 siblings) however there is little left, as one sibling was given a gift of around $180,000 before the death of her father, and she won't disclose the amount of show bank statements. As a family we only wish to have a lawyer access the bank accounts for the last 5 years for us so we can see how the money was distributed, as she had access to the accounts
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

The executors of the will do have the power to get copies of the bank statements, because they have access to all his affairs. If the daughter had access to the accounts, was this with the authority of her father? Did she hold an enduring power of attorney? Did her father know about the gift? Do you think he understood what he was doing when he gave her the money? These are the sorts of questions that you will have

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Customer reply replied 8 months ago
Thank you again for your response. Yes she does have access to the bank accounts, no she chooses not to show us, yes he was well aware of the gift, in fact they saw a lawyer before he died to ensure he could legally give her the money. The only thing the family wants now is to see the bank accounts for the past 5 years to see how much was given (or taken) and when.
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

Both of the executors are entitled to see the bank statement, so if this beneficiary is one of the executors, the other executor can require her to disclose the bank statements

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Customer reply replied 8 months ago
Thank you I guess we probably don't need a lawyer to do that for us
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

You may not. The other executor can tell her to produce or he will get them from the bank anyway

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