VIC Estate settlement delays

Discussion in 'Wills and Estate Planning Law Forum' started by Anthony Jasper, 6 November 2019.

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  1. Anthony Jasper

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    Hello,

    My two adult children are beneficiaries in the will of their deceased grandmother.
    Their grandmother has three remaining children - two uncles and one aunt.
    The fourth child was my late wife, now deceased leaving our two children as the beneficiaries in her place.
    The aunt and one uncle are executors.
    The other uncle is still living in the house.
    All beneficiaries are entitled to an equal share of the settlement to the estate, per the instructions of the will.
    The estate lawyers wrote to all beneficiaries clearly stating that the property will be sold and proceeds of the sale would form part of the estate distribution, per the instructions of the will.
    This advice was sent to all, three years ago.
    Nothing has been done to date, and the other uncle remains in the house.
    My son has written to the solicitors seeking clarification on what action is being taken to settle the estate, given how much time has passed.
    Neither the executors or the solicitors have responded.
    Information from other family and friends has shown that the uncle still living at the property, also has several other people living at the property.
    What can I do to step in and defend my childrens rights to claim their share of this estate as the executors have not and evidently will not do anything about this situation?
    I would welcome any feedback and be grateful for any advice.
    Thank you.
    Tony
     
  2. Paul Cott

    Paul Cott Well-Known Member
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    Hi Tony,
    3 years is way too long to finalise and distribute an estate. They need to get on with it ASAP and respond to inquiries as to what is happening. An application can be made to the Supreme Court of your state to get the executor replaces but that’s expensive and time consuming. You may need a lawyer to call the lawyer and ask what the hell is going on with the estate.
     
  3. Anthony Jasper

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    Thanks Paul,

    I appreciate your response on my matter.
    I'll be making some calls to start a process moving forward with this.

    Cheers
    Tony
     
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