I’m contesting my late partner’s will. I lived with him 3 years with health issues. He made the will and he had 3

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Customer: I’m contesting my late partner’s will . I lived with him 3 years with health issues . He made the will and he had 3 siblings as beneficiaries. Therefore there’s no provisions made for me regarding the will . I had a lawyer acted on my behalf at the beginning but I took my case off as I was not happy with his performance. I appointed a second lawyer for only at least 3 months and noticed that he was not acting for me but he was more leaning to the other side but most importantly he failed to let me know that he’s going to be on negotiations with the executor with his lawyer on a day also he put pressures on me if I accept the offer but I was not aware of the whole thing while I just woke up from a night shift sleep. I took my case and appointed the third lawyer , the current one . The second lawyer is still holding my original file . I advised the third lawyer at the beginning to arrange the fees from 1 st and second lawyers to be paid when the settlement is finalised. The current lawyer asked me for an affidavit that brought question marks why ? My original file has everything from the first lawyer how can he tried to settle my case without my original file ? I was told by the 2 second lawyer that the 2 siblings are not in the case as they are well off? So left one sibling and myself whom is contesting the will . My case is contradictory I believe that there’s some unlawful stuff going on. I read affidavits of the niece and nephew and I questioned my lawyer why are they making affidavits it’s supposed to be their mother whom is still alive ? As it was so stressful enough I signed for the offer plus legal fees . My lawyer also gave me a statement that I signed last week 21/12/20 but the date was 15/12/20 printed on the statement that this will bring to an end the litigation between me and the executor and I will not bring the matter to court again .
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by state.
Customer: Nsw
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i am concerned that I’ve been blind in my case
Answered by John Melis in 5 mins 1 year ago
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John Melis
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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. I’m so glad you contacted us about your situation. I will give you a direction to consider moving forward. I know you’ve spent a lot of time on this already. Your patience here has been so important. If I understand you correctly I suggest the following:

You will be able to raise a family provision claim.

A family provision order is a court order that makes provision for a claimant who seeks a fair share of the deceased estate.

The court order has the effect of varying a valid will or the statutory scheme for intestacy.

When the court makes an order, the order acts as if it is a codicil to the will of the deceased.

The interested party must bring any family provision claim as quickly as possible by placing the executor on notice by issuing a formal memorandum to the executor under the Act.

Where a letter is attached to will explaining reasons for the benefits under the will, and why there is no gift to a person, it will not form as a legal basis to raise an argument against the will.

The letter is only information per se.

There is a misconception that explanation of gifts by a letter attached to the will can be legally binding in weight against a party who wants to make a claim.

The letter is taken into account as to the state of mind of the will-maker, but it will hold no legal significance.

I know it isn't easy to deal with issues like this, but you're handling it so well.

I can hear your concern and your voice, and if you follow the steps I've suggested above, it will give you a direction to go.

I know you have a lot of choices, and there are various ways to move forward.

If there is anything else, big or small, that I can help you with today, please let me know?

I am so glad you contacted us, and I thank you for reaching out today.

Don't forget to accept the answer and click five stars in support of the community.

Customer
What do I have to do now?
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John Melis, Expert

You can seek a resolution and claim compensation.Issue a formal complaint in writing. Request a review on the matter.Include a time limit of 7 to 14 days subject to your requirements for a reply.Make sure you enclose all evidence with the correspondence.When you draft this correspondence, use a number for each point.Where no response is received and you have reviewed the conditions carefully on any agreement, and you are still not satisfied with the situation, you can then raise a claim in the Court.I suggest you file a claim as soon as possible if the matter does not resolve.Your satisfaction means everything to us.I thank you for reaching out today, and I look forward to hearing from you soon.
Customer
Hi John I signed the settlement with my lawyer and I’m awaiting for documents before I moved out of the property . How long does it take for the court to release documents as the court was 1/02/21
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John Melis, Expert

It can take anywhere from 2 to 4 weeks.

​You’re handling this matter very well.

If there is anything else, big or small, that I can help you with today, please let me know?

Customer
I still have I’ll thinking that I’m contesting my partners will with one sister instead of two brothers how can I find that out
Customer
According to the will it’s the two brothers and one sister
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John Melis, Expert

Thank you for the update. Keep working on your matter, and you will succeed with the outcome you are trying to achieve.I hope I’ve provided the information you were seeking. If you need more help, please let me know so l can continue to assist you.
Customer
Hi John is there a website online I can access about my case please
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John Melis, Expert

You can make an application to the probate division of the Supreme Court.
Customer
Hi John I’m very frustrated regarding my case . I received email from lawyer forwarded to me from opposite side and the figure does not match with what I’m expected and signed agreement with my lawyer . What should I do
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John Melis, Expert

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the information on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.
Customer
Ho John I notified lawyer regarding documents from court regarding my settlement and raise a question what sort of documents I get shouldn’t I get a document with stamp from Supreme Court on ? Or signature of the judge?
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John Melis, Expert

You need to get documents from the Supreme Court probate division. They have a do it yourself kit on their website.I appreciate your patience. Let me know if you have any other questions. Otherwise, it was my pleasure to help you today, and I thank you for chatting with me.
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