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Location:
Adelaide, SA
Registered:
November 2004
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Any lawyers out there, i need your help
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Sun, 25 September 2005 11:57
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Is it illegal to obtain copies of will's made before the last will was made befor some one died?
example: i made 5 wills during my life time and in the final week of my life i made a final one. can my relatives have access to my previous wills??
Lets say hypotheticaly i was old and went with my lawyers to make a will. the company i used make a donation to a certine charity every year. im worth about 3/4 of a million dollars. to my brother and sister i leave only $200 and a car to a friend. then the balance of my account is then left to the same charity that the company donates to.
Any thing sus or any way to prove this is wrong?
any help is greatly appreciated.
*sorry about spelling skills*
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Location:
Adelaide, SA
Registered:
May 2002
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Re: Any lawyers out there, i need your help
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Sun, 25 September 2005 23:37
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I'm not a lawyer but;
With every new will you revoke and and all previous wills. Generally these other copies MAY be kept on file by the lawyer but should be destroyed. It doesn't matter what they say, since the next will revokes them.
Wills can be challenged in court - if someone left 2 million to charity and nothing to their children then the courts can rule that a share of the inheritence should go to the kids. Not sure how this works with siblings (brothers and sisters) but the principles should be the same. Challenging the will can also be on the basis that the person did not know what they were doing, or that they were unduly influenced to produce the will. Either way it will be costly to challenege the will. Lawyers love will disputes because it's money money money for them.
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Location:
Blue Mountains
Registered:
December 2004
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 01:48
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The Family Provision Act 1982 contains provisions that may enable the children of the deceased to make an application for a larger share of the estate.
http://www.austlii.edu.au/au/legis/nsw/consol_act/ fpa1982209/
Talk to a lawyer about whether or not to make an application.
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Location:
Adelaide, SA
Registered:
November 2004
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 02:53
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Thanks guys and girls, your help so far has been great.
Cheers
Harley
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I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 03:14
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you sound like you want to argue that the firm encouraged said old person to donate to their charity of choice?
If you want to go along these lines, you're gonna have to prove old person was not competant (in the legal sense) to make the will. and going up against a firm of lawyers, REALLY don't like your chances.
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Location:
Adelaide, SA
Registered:
November 2004
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 03:24
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Yeah i dont like my chances either.But its worth a try. Any ideas on how to prove he wasnt competant?
another hypothetical. 5 days before 'mr.x' dies, one of his lawyers picks him up and takes him to make a will. His signature looks very shakie on paper. He has no childer so his brother and sister are his next of kin. One of his nephew's visits him 2 days later and mr.x doesnt mention any thing to him about the new will........
I believe the new will was created so that some one who had helped Mr.x would get his car. If we could find old wills that all stated the same amounts of money to the next of kin then the final being radicaly different do you think we have a case?
Cheers
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I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 03:32
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best way to prove incompetance is through a health worker of some kind who had regular contact with old person and can make that judgement (GP, neurologist, psych, etc). I can't see how a shaky sig would sway a judge.
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Location:
Adelaide, SA
Registered:
November 2004
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 04:43
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In the case that incompitance was proven who dicides what happens to the estate?
Cheers
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I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 04:48
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my guess would be the most recent will before that, if the most recent is proven invalid.
note: I have no training in law, you should probably talk to a lawyer of some kind about this 
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Location:
Adelaide, SA
Registered:
November 2004
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 04:50
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Cheers Draven, you have been a big help, i understand that your not a lawyer.
Laters
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Location:
Sydney
Registered:
May 2003
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 04:56
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good luck
almost nothign worse than greed
hope ya win and then are capable of sueing them for distress and sufferance as well
the only advise i can provide besides that is find a queens counsel member thats willing to work for you preferably on no win no fee basis
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Location:
Adelaide, SA
Registered:
November 2004
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 05:04
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Thanks for all the replies. I hope this will work out properly. There is nothing i hate more than greed also, even if i do sound greedy in this thread. lol.
Laters
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Location:
c'town, NSW
Registered:
May 2002
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 05:35
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| 4DaDrift wrote on Mon, 26 September 2005 14:56 |
almost nothign worse than greed
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| 4DaDrift wrote on Mon, 26 September 2005 14:56 |
hope ya win and then are capable of sueing them for distress and sufferance as well
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Location:
Adelaide, SA
Registered:
November 2004
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 05:50
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LOL. Didnt notice that. But these people deserve it. I hate seeing old people get screwed over. Even if it was the crazy lady from up the street who wouldnt give my frizbe back when it went over her fance in 4th grade.
Cheers Harley
*yes that was my attempt at being funny*
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Registered:
May 2002
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 05:50
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hope ya win and then are capable of sueing them for distress and sufferance as well
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Speaking of which, I am mounting a Class Action against Corona RT142 in order to sue him for distress and sufference that he has caused to other forum users.
Send me your name and $50 if you wish to be part of it. The $50 is just to cover my expenses 
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Location:
Adelaide, SA
Registered:
November 2004
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 05:54
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Unless you are mounting a Class Action against Bubbles please dont hi-jack my thread.
cheers
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Registered:
May 2002
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 05:59
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Here is some useful advice.
Head on down to your local Legal Aid branch/office and someone there will be able to give you FREE advice about your situation. An actual lawyer  or law type person.
Sorry for the previous hijack
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Location:
Adelaide, SA
Registered:
November 2004
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 09:09
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yeah legal aid branch is next on the list, and thats ok about the hi jack.
laters
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Location:
Brisbane
Registered:
February 2003
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 09:51
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| ke20_rolla wrote on Mon, 26 September 2005 13:24 |
I believe the new will was created so that some one who had helped Mr.x would get his car. If we could find old wills that all stated the same amounts of money to the next of kin then the final being radicaly different do you think we have a case?
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by the time you've beaten the more recent will - and the trustees/executors have chewed thru the assets of the estate with legal and associated costs - there's probably no money/assets left for you anyway.
free advice: step away - playing lawyers games is a very, very, very expensive hobby. Unless you're more brutal and sharper than they are, you'll loose 10 times over.
other advice: see legal aid before discussing the matter any further, but a potential claim to an estate that you're not directly related to (e.g. not your parents) is probably not going to qualify you for anything short of a 10 minute consultation.
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I Supported Toymods
Location:
south Melbourne/KL
Registered:
June 2004
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Re: Any lawyers out there, i need your help
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Mon, 26 September 2005 19:26
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wasnt there a witness when the last will was signed?? maybe u can get something from there.
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Location:
Sydney
Registered:
May 2003
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Re: Any lawyers out there, i need your help
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Tue, 27 September 2005 01:40
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| rob_RA40 wrote on Mon, 26 September 2005 15:35 |
| 4DaDrift wrote on Mon, 26 September 2005 14:56 |
almost nothign worse than greed
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| 4DaDrift wrote on Mon, 26 September 2005 14:56 |
hope ya win and then are capable of sueing them for distress and sufferance as well
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yeah i know yet this is the ONLY thing that hurts them
if he donates it to charity after winnign it or helps out the extended family or less fortunate whos to complain
its paid by greedy mofo's 
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Location:
Blue Mountains
Registered:
December 2004
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Re: Any lawyers out there, i need your help
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Tue, 27 September 2005 03:07
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I do Probate (ie dealing with Wills after someone dies) for a living but I cant give you advice over the internet because of legal liability insurance issues, especially without knowing all the facts. But let me just say I dont like your chances of proving the will to be invalid. It sounds like an application under the Family Provision Act is your best bet. However, I do suggest that you seek professional advice from a qualified lawyer, I'm only a paralegal.
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Location:
Adelaide, SA
Registered:
November 2004
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Re: Any lawyers out there, i need your help
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Tue, 27 September 2005 03:28
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Cheers for all the help people.
Laters
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