My father died in january, we believe his brother is the executor and we have not yet been given a copy of the will and

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Customer: My father died in january, we believe his brother is the executor and we have not yet been given a copy of the will and because of relationships with the executor I don't believe we will get it. Probate hasn't been applied for or granted. How do we get a copy if he doesn't apply for probate?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: in new zealand. He lives in Te Awamutu
JA: What documents or supporting evidence do you have?
Customer: regarding what?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so.
Answered by Chris The Lawyer in 12 mins 1 year ago
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Chris The Lawyer, Expert

Hi

I am a New Zealand lawyer based in Wellington and will help you with your question today. Please wait while I read the question so I can make the most useful response

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Chris The Lawyer, Expert

Do you know if he had a lawyer? You can ask the lawyer for a copy, although they do not always cooperate on the grounds of client confidentiality

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Chris The Lawyer, Expert

Otherwise it can be difficult to get a copy. You can give your brother notice of a potential claim and force him to release a copy of the will to check the contents, but again he may not cooperate

Customer
He did. Based in Tauranga but no details. Most of his children didn’t have much to do with him prior to his death because of people in his life so don’t know much and have been kept in the dark as much as possible
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Chris The Lawyer, Expert

Do you know if there is much in his estate?

Customer
It’s my dads brother.
Customer
what do we do if they do not want to cooperate and he doesn’t apply for probate? Could there be a reason why he doesn’t want to apply for probate?
Customer
how would we apply for a potential claim?
Customer
Can anyone apply for probate if there is an executor listed in the will?
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Chris The Lawyer, Expert

Probate is needed if there is land in the estate or bank accounts or insurance over $15,000. Your brother will not have any choice about applying for probate if he intends winding up the estate. Only the executor in the will can apply for probate. If you want to make a claim you should notify your brother and the lawyer of a potential claim

Customer
my dad has a property but his two brothers are on the title. If he doesn’t want to wind up the estate so it benefits him as he is PoA, could be just leave things as they are?
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Chris The Lawyer, Expert

He could, although eventually probate would be needed if they want to do anything with the property

Customer
Ok. So the brother who is PoA, that is now no longer in effect since my dads death? He can’t legally do anything with my dads monies or properties? If he is on the title of my dads house as well as my dad and another brother, would they be allowed to sell the property? Or only if probate is granted?
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Chris The Lawyer, Expert

They could only sell if they get probate. The POA expires when he died

Customer
Ok. Thank you so much for your help
Customer
Sorry one more thing. So If we do a statement of claim and they don’t want to play ball, we then proceed with the claim?
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Chris The Lawyer, Expert

Yes you can

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