WA Should Sole Beneficiary to Father's Will Contact Solicitor for Information?

My father-in-law died in April 2016 and my mother-in-law in April 2014. They moved to Australia, from UK, in 1970.

They named a friend as Executor of Will, with my wife as second Executor to act if the first Executor died or was unwilling or unable to act as Executor or unable to continue as Executor. As we are British and live in UK, my in-laws were advised a local Executor should be appointed.

Probate was granted mid-August 2016 with a slight delay because of missing paperwork.

My wife asked the Executor for a copy of the Will on a number of occasions and was either ignored or her request was acknowledged and then ignored. When she asked for other information e.g. about the finances the Executor stated that “it’s all being handled by the solicitor”.

My wife obtained a copy of the Grant of Probate and the Assets and Liabilities paperwork from WA Supreme Court so she at least has that information.

Several months went by with the Executor saying, every 2 or 3 weeks, that she hoped to make a start on things soon – but didn’t.

In late November, my wife was informed another “minor problem” had come up with paperwork and the solicitor had said nothing would be completed before Christmas.

On 4th February 2017 my wife asked about the status of the problem with the paperwork. The Executor said that she had meant to tell my wife everything was now okay but had forgotten.

In the same e-mail the Executor stated that she had not managed to do anything since before Christmas but she hoped to make a start soon.

It’s only in the last few weeks that my wife has been told the house will be up for sale soon but will be sold for at least A$50,000.00 less than it was valued at last year when her father died. When my wife asked what the fees/charges would be the Executor said she did not know and hadn’t asked.

The Executor informed my wife last week that the house will be re-carpeted throughout before it goes on sale - more delays. No idea how much this will cost and if my wife asks she is told she is being pushy.

As she is an Executor [subject to conditions] and is the Sole Beneficiary can my wife ask for an accounting of the estate finances at the one year point or does she have to wait until all of the money from my father-in-laws bank accounts has gone before she can do anything [he had A$60,000.00 in his accounts]?

As second Executor and Sole Beneficiary should she have been kept informed by the solicitor who is dealing with the estate?

Is my wife allowed to contact the solicitor and ask for the information the Executor has failed to provide?

winston wolf said:

Hi Jimmy Crankie

Your wife has no authority as executor as the first executor has assumed that role. Therefore she only has rights as a beneficiary. Beneficiary have rights but no authority.

Your wife may contact the solicitor but she will likely be told that the solicitor works for the estate and takes instructions from the executor. It sound like you are in a pretty standard but frustrating position.

Click to expand...

Thank you for your response - much as I expected from having looked at other posts.

My wife has just been told the final house contents have been cleared and the real estate agent will now prepare the house for sale.

Back in May 2016 my wife agreed with the Executor that selling the contents of the house would not raise a lot. My wife said that if the Executor or her family wanted anything she was happy for that to happen but she would like to know who had what. If anyone else was given anything she would like to know what was given away. If any items were sold then any money would be shown in the accounts.

The Executor has said a lot of the house contents were taken by her or her family - we thought that might happen!

As my wife agreed to this we might assume she has to accept what has happened.

However, as beneficiary she has no real rights so how can she give away what is not hers until the Executor has finalised everything and she receives her inheritance? I believe the Executor is not supposed to gain anything from her role.