VIC Disputes between Joint Executors

Discussion in 'Wills and Estate Planning Law Forum' started by Scott R, 13 January 2019.

  1. Scott R

    Scott R Member

    13 January 2019
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    Hello my wife and her brother are joint executors of their father's last will & testament, whom died on 14/09/2018). It is a simple will with the only assets being a bank account with credit funds and a residential property unencumbered. We have been trying to gain confirmation on various matters with my wife's brother via email, particularly the sale of the house. Emails have also been sent by the agent whom was suggested by her brother. However neither the agent or my wife has had any luck in gaining any response of confirmation from her brother by email or by phone text. This has happened on several occasions over the past couple of months.

    As a consequence we have not been able to push forward with the sale of the house. We believe he is stalling to frustrate us.

    What rights does my wife have as a beneficiary given she is also a joint executor?, noting the only other beneficiary is my wife's brother.

    Also can we push to have the duties taken over by the lawyers of her parent's who prepared the will and assisted in obtaining probate?

    Regards and thanks

  2. James Mahoney

    James Mahoney Active Member

    24 December 2018
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    Hi Scott,

    Depending on the specific circumstances, an application to remove your wife's brother as the executor of the estate might be appropriate.

    DM me if you would like more information on this process.

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