Where can I get a copy of a deceased persons will in NSW (Australia)?
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Where can I get a copy of a deceased persons will in NSW (Australia)?
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I am trying to resolve a family drama in Australia. My inlaws believe they own the house they live in (not so suprising!). They inherited the house from my husband's grandmother. The catch is another uncle also lives there. It is actually his name that is on the title (my inlaws don't know this - however I bought a copy of the title from the Dept of Lands). Everyone involved is rather aged and the uncle is now going into rest home care so it has become important to clarify who owns what assets. Does anyone know how/where we could get a copy of the grandmothers will? She would have died in the late 1970s in Urunga, NSW. My husband and I live in New Zealand which complicates things.
Thanks!
Additional Details
Thanks yellowcar29. My husband's side of the family are a bit unusual - they have a phobia about paperwork among other things. I've found some info on the NSW probate court (http://www.lawlink.nsw.gov.au/lawlink/Supreme_Court/ll_sc.nsf/pages/SCO_probatehow) so I think I will try to get hold of the will. The catch is we would need to know the date that my husband's grandmother died - and we are not eligible to apply for the death certificate, and his family will get suspicious if we ask!
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yellowcar29
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Under Torrens Title, which is the system used in Australia and most other countries, the person whose name is on the title is the owner, no ifs or buts. No one else has any right to claim ownership unless they get the title properly transferred.
I'm not sure why your in-laws would think they own the house - maybe they need to talk to your uncle and clarify this?
The will would normally be stored at a lawyer's office, but as the testator died a while ago, they might not have a copy. You could contact the probate court (or whatever it's called in NSW) as they should have a copy on file from when probate was granted. If the will says the house was to be left to your in-laws, that does not mean they own it now, as the title has to be transferred for it to be effective.
If it appears the will wasn't followed, they may need to speak to the rest of the family to find out what went wrong. If it can't be resolved, they would need to seek legal advice. |
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