View Full Version : Anybody know about wills and testaments?
To cut a very very long story short...
My mum passed away 3 years ago and i have only just managed to get a copy of her will (she lived in Australia ), i was named in the will as a beneficiary but have not received anything.
Her brother was the executor and hasnt done the job he was entrusted to do.
Im not really sure what to do next, im guessing its the solicitor route but my funds are very limited. Does anybody have any advice or been in a similar situation themselves?
marbleapple
01-04-08, 20:50
To cut a very very long story short...
My mum passed away 3 years ago and i have only just managed to get a copy of her will (she lived in Australia ), i was named in the will as a beneficiary but have not received anything.
Her brother was the executor and hasnt done the job he was entrusted to do.
Im not really sure what to do next, im guessing its the solicitor route but my funds are very limited. Does anybody have any advice or been in a similar situation themselves?
Sounds like a right mess to be honest. If her assets were in Australia they might have different laws to the UK and thus might need a specialist in Aus law.
A beneficiary often has a lot of clout and if the executor hasn't done his job you can likely have him removed (legal fees) and make him account for any profits he has made in breach of his duty. At the end of the day, if your mum had a house and you should have the funds from it's sale, etc thats a lot of money not to go after.
My advice is seek a solicitor in this area.. its a real mine field (and the Australia bit will make is worse i'm afraid).
To cut a very very long story short...
My mum passed away 3 years ago and i have only just managed to get a copy of her will (she lived in Australia ), i was named in the will as a beneficiary but have not received anything.
Her brother was the executor and hasnt done the job he was entrusted to do.
Im not really sure what to do next, im guessing its the solicitor route but my funds are very limited. Does anybody have any advice or been in a similar situation themselves?
Sounds like a very hard situation. I suggest buying an international phone card where you can call australia for cheap, then so a search on the net for some lawyers out there then give them a call (probably in the dead of night UK time). Possibly also if you have a barclaycard, you can give them a quick bell, as they have a legal team that is included for you to use in the price of your card.
Chris Wilson
01-04-08, 23:40
Write to the executors and ask them to explain how the estate was divided and why you haven't received your share, send it recorded. If they fail to respond you could seek advice at the Oz consulate. Families, PITA IMHO. Hope you get it sorted, sounds like potential unpleasantness isn't far away.
marbleapple
02-04-08, 11:18
Both Carl and Chris make good points IMO. I like Chris' idea.
It might be worth speaking to a UK solicitor (a larger firm) and seeing what they can do rather employing an Aus solicitor though. Usually a large UK firm will have affilitated firms in other countries and thus you can employ your UK solicitor who in turn will employ the specialist Aus solicitor.
Thank you for your replies chaps :)
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