Guest w3526602 Posted April 22, 2012 Share Posted April 22, 2012 Hi. I'm not sure if this is in the right column?No doubt a Moderator will move it, if necessary. As mentioned in the Welcome column, my son recently died in Oz, and I will probably have to deal with his "estate", from the UK. On opening his last will, he named me as executive, asked for his remains to be kept in Australia, stated that we must not visit Australia for his funeral, made a monetry bequest to a friend, the remainderand of hios estate to come to me, detailed his bank account and superanuation accounts. Unfortunately, he didn't have his signature witnessed. I am guessing that he did not have insurance cover. We have paid for his funeral from our savings. I emailed his bank, asking for advice. "No answer!" was the stern reply. I airmailed his bank about two weeks ago. As yet no reply. I will wait to see if anything arrives tomorrow, and if not, phone them Tuesday morning (well after midnight). The death certificate was posted on 17th, arrived in UK on 20th. How long should it take the bank to reply to my letter? Or can I assume it is being ignored. I have no idea of the sums involved. He never married, does not have any children, did not own any real estate. I am his next-of-kin. As his will was not witnessed, it is invalid, so I assume his estate will be administered by the State Trustees, and I have been advised that this can take months. Does anyone here have any experience? Is this something I can deal with without a solicitor? HTH 602 Link to comment Share on other sites More sharing options...
Quinkla Posted April 22, 2012 Share Posted April 22, 2012 I'm sorry to hear your news - but I suspect you need to talk to an Australian lawyer rather than an internet forum for migrants. Link to comment Share on other sites More sharing options...
Skani Posted April 22, 2012 Share Posted April 22, 2012 Which bank are you trying to deal with? I have become the sole Executor for 3 close relatives - my husband, sister and father - who all died within a 5 month period last year and have found the banks very helpful. They usually have a special section which deals with deceased estates so it may take a while for your correspondence to filter through to the correct section. Also, which state (or territory) did your son die in? Each one has their own laws dealing with wills and estates. But if the will was not correctly witnessed then it is normally declared invalid and your son will be considered to have died intestate and his affairs administered according to the Intestacy Act of the particular state. I would contact the Public Trustee of the relevant state and seek their advice before you engage a solicitor. You don't want to have to pay extra money unnecessarily. And yes, it can take months before all the i's are dotted and t's crossed. Hope this has helped. My thoughts are with you...it is such a difficult time trying to deal with all the legal intricacies as well as the emotional turmoil. Vivien Link to comment Share on other sites More sharing options...
3FatCats Posted April 22, 2012 Share Posted April 22, 2012 I have read your other post and too would like to offer my condolences. I wonder, have you contacted the High Commission? I am assuming your boy was still a British citizen, so perhaps they would be able to offer you some advice. I am also hoping that someone on our forum who is a legal person may be able to offer some support. Best of luck at this very difficult time. Link to comment Share on other sites More sharing options...
Freckleface Posted April 22, 2012 Share Posted April 22, 2012 Hi - you may not need to engage Australian legal representation if your sons estate is simple to finalise. The time it will take to finalise will most likely depend on the size of the estate and any probate. Can I suggest you contact the Public Trustee in QLD (I think from your earlier post this is where your son was living) in the first instance. They will be used to dealing with situations like the one you find yourself in. I've popped a link to their website here. http://www.pt.qld.gov.au/ In relation to the bank - if you know which branch your sons account was held at ring that branch and ask to speak to the Manager. He/she will be able to provide advice regarding the process the bank will follow. They usually have a specialist area that deals with deceased clients but contact with that area is arranged through the local Branches (although this will vary from institution to institution). I would call the Public Trustee before anyone else. Link to comment Share on other sites More sharing options...
fleabo Posted April 22, 2012 Share Posted April 22, 2012 I would second Freckle face. We have found the Public Trustee (NSW) very helpful with our questions (though they were to do with a different set of circumstances). The QLD equivalent should be able to explain the process from now on. Good luck! Link to comment Share on other sites More sharing options...
Guest w3526602 Posted April 22, 2012 Share Posted April 22, 2012 Hi, Thanks for replies and advice. At this stage I do not know how much money is involved. If it just a few dollars, I'd let the Trustees Dept sort it out. If its a sustantial sum, it might be worth getting a solicitor involved. I suspect its a "useful" amount, but not unduly life changing. We have no desire to become rich on strength of our son's endeavours, but would resent anybody else getting rich. My wife and I have agreed that whatever is available will be used for the benefit of the whole family .... us, his sister, nephew and niece. But if we just put it in the bank, it might be squandered on enforced care-home fees. We won't be buying a BMW. So the first question is "How much?" , so that we can plan our next moves. After that, there is no hurry. Whatever, now we have his Death Certificate, we can contact his bank, and others, in a more formal manner. I'll let you know what happens when I phone his bank on Tuesday. I am writing to the Trustees Office today. I assume they don't "do" email. So far, everybody has been wonderful, particularly the police officer in QLD. There was a sour note over the telephone,from the Foreign & Commonwealth Office. The conversationed opened with .... "As your son is dead, here is a list of funeral directors ....!" The woman couldn't understand why my wife refused talk to her. 602 Link to comment Share on other sites More sharing options...
Skani Posted April 22, 2012 Share Posted April 22, 2012 Yes you can contact them by email. http://www.pt.qld.gov.au/contact/index.html If your son's will is deemed invalid because it was not properly witnessed, the Public Trustee will appoint an Administrator to look after finalising his estate. http://www.pt.qld.gov.au/deceased-estates/intestacies.html Sorry to hear the bureaucratic lack of humanity from the Foreign & Commonwealth Office. Some people have no idea...just mutter under your breath..."...your day will come, sunshine !!!" Link to comment Share on other sites More sharing options...
Skani Posted April 22, 2012 Share Posted April 22, 2012 Yes you can contact them by email. http://www.pt.qld.gov.au/contact/index.html If your son's will is deemed invalid because it was not properly witnessed, the Public Trustee will appoint an Administrator to look after finalising his estate. http://www.pt.qld.gov.au/deceased-estates/intestacies.html Sorry to hear the bureaucratic lack of humanity from the Foreign & Commonwealth Office. Some people have no idea...just mutter under your breath..."...your day will come, sunshine !!!" Link to comment Share on other sites More sharing options...
Guest w3526602 Posted April 24, 2012 Share Posted April 24, 2012 Hi, I have just tried phoning my sons bank (its 03.20hrs her in UK). I dialed 00 617 13 22 65, and was told that number was not recognised. Doh! Has anyone any ideas about a phone number for NAB at 414 George Street, Brisbane? HTH 602 Link to comment Share on other sites More sharing options...
yorkiegirl Posted April 24, 2012 Share Posted April 24, 2012 Hi w3526602, I just had a quick look on their website, the number they show for if you are calling from overseas is 61 38641 9083, I assume you put the 00 on the front of that That's the number for the NAB, not specifically for the Brisbane branch, here's the link to the site I got it from in case you didn't already see it. Hope you can get in touch with them. http://www.nab.com.au/wps/wcm/connect/nab/nab/home/About_Us/3 Link to comment Share on other sites More sharing options...
3FatCats Posted April 24, 2012 Share Posted April 24, 2012 I can't find the number for the branch but there is an overseas number to dial for enquiries and maybe they can help you. 0061 3 86419083. I am hoping someone from Brisbane will come through with the number for you. Link to comment Share on other sites More sharing options...
Skani Posted April 24, 2012 Share Posted April 24, 2012 There is a phone number here specifically for Deceased Estates http://www.nab.com.au/wps/wcm/connect/nab/nab/home/Personal_Finance/15/28/#nab_contact_details If they are like the banks I have dealt with, they will have one central section to deal with this for all of Australia. The number to dial is 00 61 3 9208 5577 Link to comment Share on other sites More sharing options...
Guest w3526602 Posted April 24, 2012 Share Posted April 24, 2012 Hi, Thanks for that. I tried dialing the number you gave, got through to a robot who worked on word recognition, (ACCOUNT HOLDER DECEASED seemed acceptable) and eventually reached the stage where I had to enter my NAB number. I wonder what that is? Doh! Doh! And Double Doh! 602 Link to comment Share on other sites More sharing options...
Guest JK2510 Posted April 24, 2012 Share Posted April 24, 2012 Isn't that the number on the back of the bank card..which you may not have. Link to comment Share on other sites More sharing options...
Kingpin Posted April 24, 2012 Share Posted April 24, 2012 I can't find a number for the branch but try +61 3 8641 9083 as they say to call this number for general enquiries if calling from overseas. You could then ask them for the number of the branch directly. Or email branch and ask for the telephone number so that you can call them and speak to a human. Sorry to probably have told you nothing you didn't already know or could have worked out on your own. Hth Sarah Link to comment Share on other sites More sharing options...
Skani Posted April 24, 2012 Share Posted April 24, 2012 Hi, Thanks for that. I tried dialing the number you gave, got through to a robot who worked on word recognition, (ACCOUNT HOLDER DECEASED seemed acceptable) and eventually reached the stage where I had to enter my NAB number. I wonder what that is? Doh! Doh! And Double Doh! 602 Oh dear...it's times like these, when your situation doesn't fit any of the available automatic options, that phone rage is perfectly justifiable! Tomorrow is a public holiday all over Australia - Anzac Day. However, if you have no success before Thursday morning, I can pop into the local NAB, speak to a HUMAN BEING, and find out from them how you get through to the person you need to. (The local NAB staff are normally very helpful). Vivien Link to comment Share on other sites More sharing options...
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