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last will

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26 Re: last will on Thu Jan 28, 2016 1:37 am

Lunkan


Reclusion Perpetua
ichina wrote:yes is ok with me to share and settle this matter. But kids wants 90 over 10 percent is it fair? eventough say it last will is whole given and bequeath in one person?
I don't know Australian law, but I suppouse it's possible to move MORE than 10 % by will.

ichina wrote:yes teres a a copy of last will the executor sent here. it say in the whole property given to the woman. Thats the point if the australian law like that. Since in the beginning they say to the testator that is not the law so that the wil is gonna change it will say 1/2 to the woman 1/2 to his kids.
I don't know Australian law Smile Perhaps that to optimistic instead.

If you get to know what's the max Australian law allow to be moved by will, then you know what's fair.

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27 Re: last will on Thu Jan 28, 2016 9:31 am

ichina


Arresto Menor
yes hopefully can get a lawyer that familiar in australia law.. but sad to say dont know where to find. need to answer the summon within 14 days. I don't know what to do is one in a million case.

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28 Re: last will on Thu Jan 28, 2016 6:34 pm

Lunkan


Reclusion Perpetua
ichina wrote:yes hopefully can get a lawyer that familiar in australia law.. but sad to say dont know where to find. need to answer the summon within 14 days. I don't know what to do is one in a million case.
Here it's possible to look for foreign laws yourself
http://www.chanrobles.com/legal2a.htm#A
Put in the search field "Australia"  + test some more word in the search field at SAME time for instance "inherit", "will"

Or you can ask the his children
"Do you REALY mean I would get only 10 % in a court case...?! Smile "
to try to make them give a better offer to avoid court.

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29 Re: last will on Thu Jan 28, 2016 7:21 pm

ichina


Arresto Menor
yes that is what they demand.. if im not to agree they are going up the to supreme court.. but do you think is possible. Clearly in last will kids name is not in the will.

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30 Re: last will on Thu Jan 28, 2016 7:54 pm

Lunkan


Reclusion Perpetua
ichina wrote:yes that is what they demand.. if im not to agree they are going up the to supreme court.. but do you think is possible. Clearly in last will kids name is not in the will.
If you get to know what's the max allowed percent to give away by will, then you can tell them that and offer them the rest. If they don't agree to that, they are stupid Smile

Or do they claim their father wasn't clear enough in head when he signed the will?
I believe that's the only chance they have to get more than giving away the max allowed by wills. (=by claiming the will isn't valid by their father was dement or such when he signed it.)
Loving a Filipina ISN'T counted as insanity Laughing

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31 Re: last will on Thu Jan 28, 2016 8:24 pm

ichina


Arresto Menor
Actually their father made a WILL, but his kids not in the will and beside.. im confuse why his kids surname is different.. Is impossible that in australia to change a surname coz their parents is divorce. I dont know why the reason why his kids not in will... Their father is in good head when sign the will. And it was 5 years ago, the WILL didn't change. And the probate is been granted in supreme court. Is possible to invalid that.

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32 Re: last will on Thu Jan 28, 2016 9:35 pm

Lunkan


Reclusion Perpetua
ichina wrote:Actually their father made a WILL, but his kids not in the will and beside.. im confuse why his kids surname is different.. Is impossible that in australia to change a surname coz their parents is divorce.  I dont know why the reason why his kids not in will... Their father is in good head when sign the will.  And it was 5 years ago, the WILL didn't change. And the probate is been granted in supreme court. Is possible to invalid that.
I don't know about Australia but
I asume it's possible to change surname there too. And perhaps the parents weren't married just live ins living as married. That's common in western countries.

I suppouse the probate was only a REGISTRATION not checked by the court then if there are any other legal hiers. I suppouse they check that only if the will is questioned.

Are the assets at the executor or by you?
If by you (your friend) then you are in less hurry to settle Smile
but don't use up what's probably will be theirs by court.

It's better for everyone - except the lawyers Smile - if you can settle without going to court.

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33 Re: last will on Thu Jan 28, 2016 9:53 pm

ichina


Arresto Menor
Lunkan wrote:
ichina wrote:Actually their father made a WILL, but his kids not in the will and beside.. im confuse why his kids surname is different.. Is impossible that in australia to change a surname coz their parents is divorce.  I dont know why the reason why his kids not in will... Their father is in good head when sign the will.  And it was 5 years ago, the WILL didn't change. And the probate is been granted in supreme court. Is possible to invalid that.
I don't know about Australia but
I asume it's possible to change surname there too. And perhaps the parents weren't married just live ins living as married. That's common in western countries.

I suppouse the probate was only a REGISTRATION not checked by the court then if there are any other legal hiers. I suppouse they check that only if the will is questioned.

Are the assets at the executor or by you?
If by you (your friend) then you are in less hurry to settle  Smile
but don't use up what's probably will be theirs by court.

It's better for everyone - except the lawyers  Smile  -  if you can settle without going to court.

They are married before then divorced so many years.. No, the probate is checked by the supreme court. It say " THE PROBATE OF THE WILL WAS GRANTED BY THE SUPREME COURT OF AUSTRALIA." I guess theres an explanation why the testator did that about his kids not in will. Yes i want to settle without going to court. But still need an attorney.. A rare case.

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34 Re: last will on Thu Jan 28, 2016 10:39 pm

Lunkan


Reclusion Perpetua
ichina wrote: They are married before then divorced so many years.. No, the probate is checked by the supreme court. It say " THE PROBATE OF THE WILL WAS GRANTED BY THE SUPREME COURT OF AUSTRALIA." I guess theres an explanation why the testator did that about his kids not in will.  Yes i want to settle  without going to court. But still need an attorney.. A rare case.
I see. They seem to be angry at each other. But that don't stop the minimum to children law (if there is any in Australia).

I don't know, but perhaps that "granted" ONLY mean they accept it as a properly signed WILL. WITHOUT checking if there are any hiers with legal rights.

Well. It's not very rare, it's rather common divorced foreigners marry a Filipina Smile

Do you have contact information to the testator? Perhaps you can get the minimum to children information for free there. Although it isn't sure the testator will admit IF he has made an error Very Happy

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35 Re: last will on Thu Jan 28, 2016 11:13 pm

ichina


Arresto Menor
The testator was dead.. thats why his last will exist. I dont know what will happen.. I'm open to negotiate but 10 percent is not fair to the sole beneficiary. Yes they are the children but what will happen if the sole beneficiary against the 10 percent? And they are disagree too for the new negotiating percent

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36 Re: last will on Thu Jan 28, 2016 11:16 pm

ichina


Arresto Menor
Lunkan wrote:
ichina wrote: They are married before then divorced so many years.. No, the probate is checked by the supreme court. It say " THE PROBATE OF THE WILL WAS GRANTED BY THE SUPREME COURT OF AUSTRALIA." I guess theres an explanation why the testator did that about his kids not in will.  Yes i want to settle  without going to court. But still need an attorney.. A rare case.
I see. They seem to be angry at each other. But that don't stop the minimum to children law (if there is any in Australia).

I don't know, but perhaps that "granted" ONLY mean they accept it as a properly signed WILL. WITHOUT checking if there are any hiers with legal rights.

Well. It's not very rare, it's rather common divorced foreigners marry a Filipina   Smile

Do you have contact information to the testator?  Perhaps you can get the minimum to children information for free there.  Although it isn't sure the testator will admit IF he has made an error  Very Happy


I don't know, but perhaps that "granted" ONLY mean they accept it as a properly signed WILL. WITHOUT checking if there are any hiers with legal rights. " I DONT THINK SO, THE EXECUTOR KNOWS THAT."

Well. It's not very rare, it's rather common divorced foreigners marry a Filipina
"IS NOT A WIFE ONLY A LONG FRIEND FROM THE PHILIPPINES HIS WILL GIVEN TO ONLY SOLE BENEFICIARY."

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37 Re: last will on Fri Jan 29, 2016 8:06 am

Lunkan


Reclusion Perpetua
ichina wrote:The testator was dead.. thats why his last will exist. I dont know what will happen.. I'm open to negotiate but 10 percent is not fair to the sole beneficiary. Yes they are the children but what will happen if the sole beneficiary against the 10 percent? And they are disagree too for the new negotiating percent
Is the counter offer the kids don't agree to 50 % ?

"I don't know, but perhaps that "granted" ONLY mean they accept it as a properly signed WILL. WITHOUT checking if there are any hiers with legal rights. "
I DONT THINK SO, THE EXECUTOR KNOWS THAT."

This seem wrong somehow.
IF children have some legal minimum inherit right in Australia (which I guess they have)
then CAN'T the court have checked the will proper and approved it,
because otherwice they would have remarked the children haven't got their share...

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38 Re: last will on Fri Jan 29, 2016 1:12 pm

ichina


Arresto Menor
Yes i guess still waiting for the new update..

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39 Re: last will on Fri Feb 05, 2016 9:20 pm

ichina


Arresto Menor
do u have a friend who is attorney

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40 Re: last will on Sat Feb 06, 2016 9:25 am

Lunkan


Reclusion Perpetua
ichina wrote:do u have a friend who is attorney
Yes, in Sweden Smile
(He worked in my business, before he studied to attorney and became so good so even United Nations have given him assignments.)

But I asume others in this forum have or are attorneys themselves.
But you need Australian law info. Have you searched at the link I gave you?

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41 Re: last will on Sun Feb 07, 2016 11:29 am

ichina


Arresto Menor
yes but nothing appear when i clicked the link..

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42 Re: last will on Mon Feb 08, 2016 10:36 pm

Lunkan


Reclusion Perpetua
ichina wrote:yes but nothing appear when i clicked the link..
It functions when I click it now. Sometimes links don't function because of bad Internet localy.

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43 Re: last will on Tue Feb 16, 2016 7:10 pm

ichina


Arresto Menor
so sad first hearing on March 2nd day... too much taking time for this last will.. if ever is the name beneficiary get the fair share...

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44 Re: last will on Wed Feb 17, 2016 5:50 am

Lunkan


Reclusion Perpetua
ichina wrote:so sad first hearing on March 2nd day... too much taking time for this last will.. if ever is the name beneficiary get the fair share...
That's rather fast.
Still same huge differentce between what the parts demands?

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45 Re: last will on Wed Feb 17, 2016 1:19 pm

ichina


Arresto Menor
maybe before done this all hearing nothing left to the estate, coz all goes to pay both side solicitor

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46 Re: last will on Thu Feb 18, 2016 11:42 am

aiko1982


Arresto Menor
Need an advice po bumili kami ng bahay sa subd kaso yung dating may ari di po ngbayad ng dues ng subd after 4 yrs di ko nmn po kasi alam na may binabayaran sa subd ngyn gusto ko na po bayaran kaso ayaw tangapin ng sta lucia yung payment ko gusto nila pati yung payment ng dating mayari ng bahay bayaran ko daw ano gagawin ko

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47 Re: last will on Thu Feb 18, 2016 3:31 pm

Lunkan


Reclusion Perpetua
Yes. That's why better making an agreement if possible.

Are your offers very different still? (50 and 10 %.)

Have you found out how big part can be moved by will in Australia?

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48 Re: last will on Thu Feb 18, 2016 8:57 pm

ichina


Arresto Menor
nope but the executor said don't accept the 10%... they defend the will..

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49 Re: last will on Thu Feb 18, 2016 8:58 pm

ichina


Arresto Menor
yes making agreement but they want only 10% to the will

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50 Re: last will on Thu Feb 18, 2016 10:10 pm

ichina


Arresto Menor
aiko1982 wrote:Need an advice po bumili kami ng bahay sa subd kaso yung dating may ari di po ngbayad ng dues ng subd after 4 yrs di ko nmn po kasi alam na may binabayaran sa subd ngyn gusto ko na po bayaran kaso ayaw tangapin ng sta lucia yung payment ko gusto nila pati yung payment ng dating mayari ng bahay bayaran ko daw ano gagawin ko


Magkano ba ang utang ng dating may ari..

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51 Re: last will Today at 8:43 pm

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