NSW Accountability for the distribution of assets

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12 January 2020
There are 3 Executors in the Estate whom I have had to communicate with by email only due to abuse and threats. All assets have been sold. I sold the car,with the other Executors consent, and provided a statement of asset and distribution to other 2 Executors. One of the Executors purchased items even before six months has lapsed and many items were taken from the house. After the house was sold the other 2 Executors arranged for all assets to be sold/distributed. I cautioned the Executors by email that I will be requiring a detailed report of distributed assets. I told our Lawyer that I would not release funds to beneficiaries until acceptable asset and distribution report was prepared. After all assets were disposed of an Executor sent a asset distribution report directly to the Lawyer. Many items were omitted and the report does not state who disposed of assets and the report undervalued all assets. The Lawyer advised that he was happy with the report and stated that the Estate can now be distributed. As Executor and beneficiary I want accountability for all assets distributed. I wrote to the Executors and informed that the report was unacceptable and requested that they both sign a statutory declaration as evidence of their integrity. Neither Executor has replied to my email. They instead contacted the Lawyer who advised them that their report was satisfactory.
The Lawyer has advised me that holding up the distribution of the Estate is unlawful and cautioned me. It has been 12 months since Mum's death.
As an Executor and future beneficiary am I not entitled to an accurate distribution report? Can the Executors ignore my emails? Should I release the funds and accept that I have been robbed of my inheritance?

Jacqui Brauman

Well-Known Member
15 January 2016
No, you're not actually entitled to be accounted to. You are entitled to copies of the estate 'trust documents', so you can see a copy of the distribution statement, but you don't really have any further rights than that.
The executors have to act in accordance with the law and with the Will.
If they don't, they are accountable to the Supreme court, not to you.
Hence, you can make an application for the executors to account to the Court. I not sure if you have enough evidence to make such an application, but you may.