VIC Co-Executor of Will has Dementia - Help?

Discussion in 'Wills and Estate Planning Law Forum' started by Lonewes, 1 January 2019.

  1. Lonewes

    Lonewes Member

    1 January 2019
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    There are 2 questions for anyone with information:

    1: My father passed away 2 weeks ago and we have found out that my dad's partner (of 20+ years) and my brother are both co-executors of dad's will. My dad's partner is now in her early eighties and has Alzheimer's disease with terrible short term memory problems. What is the process to have her removed as one of the executors?

    2: Her family want to take her to dad's house for a week (the property is a sole title in dad's name) to go through the house but I thought that once a property becomes a deceased estate that nothing is touched (especially any of his personal papers) until probate is acquired and the will is read. Is this true or am I being unfair?

    Please help
  2. Rod

    Rod Lawyer
    LawTap Verified

    27 May 2014
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    1. Apply to the Vic Supreme court to have her removed. You'll probably need help from a lawyer.

    2. She will be entitled to take her property, and any joint property. If she was living in the house she may have a claim to part of the house anyway. I'd play nice and if they were still in a relationship, also allow her to say goodbye in her own way.

    But, this does not give her family the right to ransack the place for everything of value. May be go along and 'open' the house, while at the same time start an inventory of items of value..
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