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Active Member
31 December 2015
South Australia
Hello all,

I am hoping somebody may be able to point me in the right direction with my late fathers' deceased estate which my brother and myself are named beneficiaries, equally to share our late fathers' real property.

My dad died almost 4 years ago, leaving a valid Will. He appointed my stepsister (daughter from his previous marriage) as Executor of will, though she is not a beneficiary. There has been almost no communication from the Executor with myself or my brother who are the main beneficiaries of his home which Dad owned 100%.

I purchased a copy of the Certificate of Title (Land Deeds) of my Dad's property through SALIS less than a month ago and all the Titles are still in my late dads' name. I do not know if the Executor has even applied for Probate at this stage. I do not know how the property is being financially supported regarding council rates, etc.

I recently heard that the Executor has said that the estate is bankrupt because of ongoing costs. These costs would be the Executor's fault by not fulfiling her duties as Executor and if this is the case, as my Dad was not bankrupt before his death nor was declared bankrupt on the date of his death, the Executor has purposefully allowed the estates value to diminish.

I do not know what to do and I do not have available finances to request the services of a lawyer, especailly if my share of the estate does not eventuate. I should mention that my Dad was not a billionaire and his estate consists of a simple home on land of little value. The entire estate is valued at less than $200,000.00. Also, there were not any disputes regarding his will.

Does 4 years without this estate been finalised seem extremely strange?

Thank you for taking the time to read my concerns.
14 July 2016
I'm not a lawyer or a solicitor...

My uncle's will has been contested - several times - and it's 15 years and counting. The executors of the estate were disagreeing with each other, and they were removed by the courts.

Anyway - you need to get some advice.

See these FAQs - Home - Probate Registry - Frequently Asked Questions (FAQs)
And when its possible to remove the executors from a will: Problems with executors

Hope it helps.
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