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Legal matters

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Wills and probate - original docs

5 replies

custardbear · 14/12/2021 16:40

Hi
Quick query about wills.
Mum and partner not married, did wills (Australia) stating assets when both parties die go to children.
Mum died first, partner 6 years later.
My brother was executor for both wills if survivor died.
Codicil written day partner died. Him and original solicitor changed his will to
Split house between all kids
Money: his niece ( new to will) gets a limp sim (3rd ) of the bank assets, rest is split between kids after bills removed.

Solicitor arranged funeral, cleaning, clearing house and sale plus fees. That came to around £15k

All the paperwork we received was spreadsheets and legal docs they did as sols- can we ask for bank statements (pref from when my mum died) as loads of money missing, unsure what solicitor has been paid already.
Can he introduce this niece? Whose share is split from main pot?

I don't trust the solicitor, she was far too involved with partner, visited in hospital Lots, went to funeral (we didn't invite her).

Got a solicitor but waiting for a slot (my step sib sending emails about sorting and signing right now it so she can spend some inheritance for Christmas 🙄) what MN legal eagles thought!?
Thanks

OP posts:
Alpinechalet · 15/12/2021 08:25

Your post is not completely clear and as they lived in Australia you will need a solicitor familiar with Australian law.

How did you mum and partner own the property I.e. did they legally own 50% each? If so, depending on the law that applies, a solicitor may be able to argue 50% of house is split as per your mum’s will I.e. 25% to you. The second 50% is split as per partners will and new codicil.

You will also need a solicitor if you want to challenge the last minute codicil.

Alpinechalet · 15/12/2021 08:27

Sorry misread if you mums will left 100% of her share of house to you and life interest to partner, you are entitled to her 50%.

custardbear · 15/12/2021 12:26

@Alpinechalet - yes your second message is correct. The major problem is the money (not tied into the house). That was also meant to be shared across the children equally, but this new person has essentially got a 3rd if what's left in the bank accounts.
Also what's left in the bank account doesn't sound right. It may be that it's been spent and that's ok as her partner took over the bank
Accounts, however the solicitor seemed to be very shifty about stating things that were not true like there was more money than when your mum died (not true ) then when we asked about mums details she refused to give to us. We weren't given any official bank statements only solicitors spreadsheets but she could literally have made it all up.
We had no invoice from her so she could have charged anything essentially, plus we don't know if he had paid her before he died then She charged us ... no information or capability to check -
Or transparent at all

OP posts:
prh47bridge · 15/12/2021 13:33

As Alpinechalet says, you need to consult a lawyer familiar with Australian law.

If this had been in England, I would have said that your mother's partner was entitled to change his will to include his niece. Whether that would then apply to the whole house or just part of it depends on how the house was owned and exactly what your mother's will said. However, this is English law. Things may be very different in Australia.

Again, in England you would be entitled to a copy of the estate accounts when the estate is distributed. You would not be entitled to copies of bank statements, etc. But again, things my be very different in Australia.

I am not aware of any experts in Australian law on Mumsnet so I'm afraid you will have to wait for your solicitor to answer your questions.

custardbear · 15/12/2021 15:02

Ok thank you that's very helpful

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