NSW Concerns with Executor and estate

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4 April 2021
My father in law passed away in July last year and named his eldest son as executor of the estate. His son then informed the beneficiaries (his 4 brothers) that he was going to delay probate, access bank accounts not inform govt depts, etc of the death. We sought legal advice and he was stopped. Probate was (supposedly) granted in January. We received a copy of the will but none of the remaining beneficiaries have a copy of the will and only have his word.

In January he mentioned providing one of the beneficiaries with $140k from the estate to buy a place so that beneficiary could move out and be put on the market. There is nothing in the will to state this can happen. It is a very straightforward will - all assets disposed off and estate to be equally divided between the 5 sons. No personal bequeaths. Is this legal without anything in writing? Should the beneficiaries be given a list of assets and liabilities.

The executor is refusing to communicate with my husband as he believes that my husband did the wrong thing in stopping him from doing what he intended. The remaining beneficiaries are also not communicating with my husband as he is asking questions as is his right - we also live 4500 km away from the other beneficiaries.

Also, the family home was built by my father and mother in law in 1955, would the estate be required to pay capital gains tax if it doesn’t sell within two years of my father in laws death? It was never used to produce an income and has not been rented out.

Thank you for your assistance.


Active Member
17 November 2020
I'm not a law expert but would recommend consulting a lawyer to help you with your problem. You might consider ORG Law, they are from Brisbane.