Estate Dispute Case
The client is involved in an estate dispute in New South Wales following the passing of their father. The widow of the deceased is preventing access to the will, causing distress for the client who is unable to retrieve essential estate documents. The client seeks to understand their rights and options regarding this situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my rights as a beneficiary to view the will in New South Wales?
In New South Wales, as a beneficiary, you are entitled to inspect the will once it has been filed for probate. Initially, access is only granted to specific individuals such as the deceased's spouse, children, and named beneficiaries. If the will has been submitted for probate, you can request a copy from the Supreme Court. If you believe you may be entitled but are being denied access, seeking legal advice may be prudent.
How can I formally request a copy of the will if I am being denied access?
To obtain a copy of the will, you can apply to the Supreme Court of NSW for a grant of probate if the executor refuses to provide it. As an interested party, you can inspect the will once it is lodged for probate. Additionally, consider submitting a formal request to the executor or their lawyer, detailing your relationship with the deceased.
What legal actions can I take if the executor is not fulfilling their duties?
If the executor is not performing their responsibilities, you may apply to the Supreme Court of New South Wales to have them removed or replaced. Grounds for removal can include misconduct or failure to fulfill their duties. Initial steps may include communicating concerns formally to the executor, and if this isn't effective, consulting a solicitor with expertise in estate litigation could be beneficial.
Are there time limits for contesting a will in New South Wales?
Yes, specific time limits apply for contesting a will in New South Wales. Generally, to challenge a will's validity, it should be done before probate is issued. There is a 12-month timeframe from the date of the deceased's death for family provision claims under the Succession Act 2006, though extensions may be available.
How does the probate process work and how long does it typically take?
The probate process involves the executor applying to the Supreme Court for a grant of probate, which legally confirms a will's validity. The executor must file necessary documents, after which processing typically takes 4-6 weeks, barring complications or delays.
If my parent had a joint will that bequeaths everything to their spouse but names me as a beneficiary upon their passing, do I qualify as a beneficiary?
In such a situation, you hold a contingent interest in the estate as a "subsequent beneficiary." Your rights are dependent on the passing of the primary beneficiary. Until then, you are not entitled to the estate's assets.
