QLD Third party bank accounts subpoena

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

Annieb

Member
25 April 2019
2
0
1
Hi,
My brother has recently separated. My bank accounts have been subpoened due to myself being an executor to a will which has not been distributed due to fighting siblings. My brother is a beneficiary. I objected as I have never been asked for anything and why should they have my personal finances. I can't attend the court date and the other party will not change it. My brother refuses to get a lawyer. What is the worst that can happen to me. Should I get a lawyer?
Thanks
 

Warbler

Active Member
25 April 2019
11
0
31
Hi Annie
When you say you objected to the subpoena, who did you object to? The court or the other party?
Also, if you are an executor you should not have any estate money on your personal accounts, it should be in an estate of the late account. Is that what has been subpoenaed?

In short, you probably need to see a lawyer.
 

Annieb

Member
25 April 2019
2
0
1
Hi, yes objected to the court, and yes in personal accounts. That's what was suggested by the solicitor at the time as the estate taxes etc had to be done and two of my brothers were fighting. So I wear the taxes and manage the money for distribution which was the agreement between my brothers, for me to keep it.

Thanks
 

Warbler

Active Member
25 April 2019
11
0
31
Well without knowing the full story I'm surprised that anyone would suggest you put estate money in a personal account. It isn't your money.

Is this a family law issue with your brother''s partner? It's possible the brother's partner thinks the money is being hidden and that's why the information has been subpoenaed, as well as wanting to know his entitlement.

If the subpoena is to produce the documents to the court then until there is another order as far as I know that is what you have to do. You don't necessarily have to appear in court unless you personally have been subpoenaed, depending on what the subpoena says.

Yes I would speak to a lawyer.