NSW Executor (sister) refusing to release funds

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Kaybar

Member
21 June 2018
2
0
1
My sister and i are coexecutors of my mums estate. She died in oct last year.

The estate solicitor has requested a partial distribution of funds because i have purchased a house and settlement is in 2 weeks.

The request was sent 2 weeks ago and so far she is refusing to disburse funds on no grounds at all.

We do not have a good relationship.

I am about to lose my deposit and have to pay some pretty hefty fines.

The estate solicitor is a lovely man but he is a big softy and while he is doing what he can she is not responding to his requests and demands.

What can I do?

Is it possible to go to court and ask for the funds be released ?
Can I sue her for damages and losses for her refusal and actually win the money back from her?

Where do I go from here?

Thank you for the help.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
See a lawyer.

You can take court action against a co-executor failing to perform their duties.

It is harder to know whether she can be made responsible for your losses. There needs to be a clear link between the two events and a failure to act according to your timetable is not enough by itself, there needs to be more, such as she first agreed to release monies, and then went back on what she said.