NSW Can Former Bankrupt be an Executor of a Deceased Estate?

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Kaina

Active Member
15 November 2017
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31
I would like to know if a former bankrupt can be an Executor of a Deceased Estate. My older male sibling claimed some years back that he had become a bankrupt due to a messy separation with his now ex de facto wife.

He is now an Executor of a deceased estate, our late mother's deceased estate. Recently, he has frequently referred to a large Tax Debt that he alleges he owes, or that he also owes a seven-figure amount and of late he has mentioned his Will. He owns property, is self-employed and has several other streams of income. He has recently left for overseas on a business trip.

I am somewhat confused since I would have thought that owning property, being self-employed and going O/seas for a business trip would entail income in and surplus for overseas trips. I am unsure what his motive is, however, could someone give me some enlightenment on this. We are to receive 50% each of the proceeds of the sale of the house since we are also the Beneficiaries.

I feel that he has been "playing" me this one and half years throughout the Estate matter.

Thanks
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
You're right, you're being played.
There are usually two motives - greed and grief.
Greed, because, well, greed.
And grief because for some people, finalising an estate
brings home the hard reality that the person has actually died.
Lots of people, even seeming high-flyers, find that difficult,
and try to put it off as long as possible (that is, repress it).
You'll need a lawyer.
 

Kaina

Active Member
15 November 2017
12
0
31
Hi Tim W, thank you for your reply to my thread. At least you have confirmed the "being played" and yes, there are the two main factors that you have mentioned, "greed and grief". I have taken into account both of these. I have now to wait until my older sibling returns and go forward from here. Thank you once again for your help.

Thanks