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Key decisions

  • June Shirley Overall v Family Voice Australia Incorporated [2014] NSWSC 736

Executors access to documents

When an executor seeks documents such as a Certificate of Title after death from a solicitor’s strongroom, the whole of the probate document, including the inventory, should be forwarded to the solicitor with the executor’s authority. The requirement to do this is based on the concept that it is included in the inventory, which gives the executor and third parties the ability to deal with the listed assets and therefore for a solicitor to release security documents.

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