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My brother who lived in Fiji passed away in 2006. He made me…

My brother who lived in...
My brother who lived in Fiji passed away in 2006. He made me the beneficiary of his estate. Just prior to his death, he sent me a copy of his Will. I want to execute the Will but cannot find the original. What can I do or can be done to execute my brothers Will?
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Customer reply replied 9 months ago
Copy of my late Brother's will attached.
Answered in 54 minutes by:
11/22/2017
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,854
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today.

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Under New Zealand law you could likely get probate for that will, but Fiji law is not the same. You would need to apply for the estate to be administered intestate. If your brother left children, they would likely inherit but if you are the only brother then you would be his heir. Normally when lawyers sign a will they leave a copy in the deeds safe for their firm. So you might want to check with the firm she worked for to see if they have the will. Or you could contact the law firms in Fiji to see if any of them have the will.

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Customer reply replied 9 months ago
My brother has kids but they are overseas. If administered intestate, will his children's shares go to the Public Trustee for keeping until claimed? I am no the only brother. I am confused. If the original Will is not found, does that mean my late brother's wishes will not be fulfilled? The reason I was made beneficiary was because he wanted me to ensure that his kids got whatever is in his estate. One of these would be his 1/3 share of a property left to us 3 brothers by our late mother.

If you don't have the original will, you don't have any option but to have the estate administered as an intestacy. But you could be appointed the administrator of the will – you don't need to involve the public trustee. You would administer the estate and transmit the share to his children

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,854
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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