WA Can I Get Executor of Will Changed?

[Tezza]

My mother died in May 2011. In her will, she left everything to be divided between 3 out of 4 of her children. My sister and I agreed that our other brother should also get a share and I advised him to contest the will if he didn't get a share. The included brother was advised of this and did not object

My mum named my sister as executor of will "...or should she be unwilling or unable to accept such appointment I appoint my son [myself, named]"

Mum directed that her home be sold and the proceeds divided equally

My sister went into a deep depression after mum's death as she had been her carer at the time. My sister now also is showing signs of dementia. Last year, she allowed her daughter's ex-boyfriend to move in free of charge in exchange for some work on the house. Instead, he trashed the place. My sister also gave him mum's car which he also trashed.

The house has sat there empty for 8 years now and almost 5 years since mum's death. The will has not been probated. What can I do?

 

[winston wolf]

Hi Tezza
You have already waited far too long.

You could give her 30 days to put the house on the market or relinquish her executrixship to you. But I think you are well beyond this.

Get a lawyer and begin the processes to have her removed. Otherwise I doubt you will ever see any proceeds of the estate.

 

[Jacqui Brauman]

Hi Tezza,

I'm not sure what State you're in. But in Victoria there is a process whereby you can force an executor to bring the Will to Court, and if your sister won't apply for probate, then your brother could put his hand up. If neither will do it, that will allow you to get letters of administration as the administrator of the Will. There should be similar processes in other States.

Then in terms of having your other brother included as a beneficiary, if all of you agree, you can enter into a Deed of Family Arrangement to include him, rather than him having to contest the Will.

 

[Tezza]

Thank you both. I'm in WA by the way