When you are executing a will on behalf of the deceased, you might have a feeling that some of their assets have not been disclosed in the document. This could be because the deceased did not want people to know, they forgot to include this in the will, or they were unaware that they had these assets in the first place. Executors may hide assets.

You do not want to lose out on any assets, so there are a few simple steps that you can take.

  1. Contact A Lawyer For Advice
  • The lawyer will assess your case about making a claim.
  • The lawyer will ensure that they tell you about how you can ascertain whether there are other assets.
  • The lawyer will tell you about the people who you should contact to find out this information.
  • The lawyer will help you to build a case in order to claim some of the missing assets.
  • Some lawyers will not charge a fee if you are unsuccessful with your claim. This is called a “no win, no fee” situation and can be very helpful for people who are making a family provision claim in NSW and have been left short of funds by the fact that they have been left nothing in the will.

You will have a clearer course of action once you have contacted a lawyer for their advice.

  1. Talk To The Person Executing The Will
  • The executor is the person who makes sure the will is followed and assets are divided up properly.
  • Ask them for an explanation as to why some assets could be missing from the will document.
  • They might tell you that investments have been sold off before the person died.
  • They might tell you that money has been frozen in a bank account.
  • They might tell you that debts were paid off with money that had previously set aside to be included in the will.
  • They might offer you a settlement so that the case does not go any further.

You will have a better understanding of the asset situation once you have talked to the executor of the will. Usually, this is going to be a very simple process because they will be only too happy to help you with your problem. You should make notes of what the executor says and then you can report back to the solicitor that you have hired.

  1. Formulate A Case With The Lawyer
  • Explain the discussion with the executor to the lawyer.
  • The lawyer will then help you to formulate a case.
  • The lawyer will assist you with collecting all the evidence that you need to try and claim assets that you think have been hidden by an executor.

You can find hidden assets in a will when you choose to hire a fully-qualified lawyer who has experience in this aspect of contesting the will. This gives you a chance of claiming assets that you believe the executor does not want to release.

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