NSW Ex husband, Death and Will

Discussion in 'Wills and Estate Planning Law Forum' started by Miss Smith, 23 June 2018.

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  1. Miss Smith

    Miss Smith Member

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    Hi there, my ex husband and i divorced in 2014 after 23 years of marriage and 2 children and 1 stepdaughter, mine from a previous marriage. During the marriage he was controling and abusive, because i began to stand up to him, he then physically became abusive to our daughter until at 17 was forced to leave home.
    He passed away this year and in his Will made our 28 year old son the executor. He didnt even tell his Solicitor that he had a daughter. His family and my son kept his death a secret. This stopped our daughter from attending her fathers funeral which upset her greatly. A few days later my son finally answered his phone and told her " dad has left me everything, you get nothing, its all mine in 3 months". At this point in time its now been 4 months since my ex has passed and still no probate has been registered. My son refuses to answer our calls and txts and now lives in the house. My son answers via his Solicitor sending a copy of the Will and stating a vague list of items. My daughter has a Solicitor now and intends on fighting to be recognised, his stepdaughter, my eldest doesnt want anything. I would like to know, what option do i have if my son doesnt step up and registers probate and or fulfills the role of executor, is it possible to request the courts for me to take over the role as executor? What would be my steps to do this if its possible?
    At this point in time, nothing my son is doing is productive moving towards a final outcome, he ignores corrospondance from both my daughters and his own Solicitor.
    I also understand that he is selling items such as cars and motorbikes. Can a "freeze" be put on property until the Will has been finalised?
    Help with these questions and any further information would be so helpful please.
    Thank you.
     
  2. Rod

    Rod Well-Known Member
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    Can't answer your questions, and until someone does, I'd be writing to the son's solicitor reminding your son that he becomes personally liable if he abuses his duties and improperly disposes of property.
     
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  3. franklyspeaking

    franklyspeaking Well-Known Member

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    I am not a solicitor but your daughter is entitled to something most likely and there are lawyers who will take on these type of cases. Start calling them - they can get caveats put on property. A really experienced law firm can sort this out.
     
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