VIC One Executor of Will Acting Alone?

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Arche

Well-Known Member
20 March 2015
114
11
419
Hi Mystie
You haven't given enough information for a helpful answer. Act alone in doing what? Any documents to be signed usually must be signed by both executors. What else are you talking about doing?
 

MystieH

Active Member
21 April 2017
6
0
31
Hi Mystie
You haven't given enough information for a helpful answer. Act alone in doing what? Any documents to be signed usually must be signed by both executors. What else are you talking about doing?
Just carrying out the duties of a will which was straight forward with no disputes.
 

MystieH

Active Member
21 April 2017
6
0
31
What's really the problem here?
I was hoping to avoid a long story. The will was written in the 70's by my then husband. He made two of my brothers executors. Since that time there has been a major split in the family and one of those brothers has turned out to be borderline antisocial personality disorder (a functioning psychopath). He would do everything he can to cause problems (delays, trumped up expenses, cause further division in the family etc). We are all hoping the other executor can do the job without the former having to be informed since we haven't had contact with him for decades.
I have since discovered that the will may now be null and void because we divorced in the late 80's. I hope this is true. I want nothing out of this except that our offspring get an even share each.
 

MystieH

Active Member
21 April 2017
6
0
31
I was hoping to avoid a long story. The will was written in the 70's by my then husband. He made two of my brothers executors. Since that time there has been a major split in the family and one of those brothers has turned out to be borderline antisocial personality disorder (a functioning psychopath). He would do everything he can to cause problems (delays, trumped up expenses, cause further division in the family etc). We are all hoping the other executor can do the job without the former having to be informed since we haven't had contact with him for decades.
I have since discovered that the will may now be null and void because we divorced in the late 80's. I hope this is true. I want nothing out of this except that our offspring get an even share each.
The ex husband passed away about three weeks ago.
 

Arche

Well-Known Member
20 March 2015
114
11
419
Sorry for delay in replying. When you said "no dispute" I guess you meant between the beneficiaries.
Divorce doesn't make the will null and void per se - it appears (from my reading of the Victorian Wills Act) that divorce means that what was to go to you goes to whoever it would have gone to if you had died first.
The missing executor is a problem for the other executor and probably requires going to see a solicitor.