VIC Executor difficulities

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Mvy

Member
18 April 2021
2
0
1
It has been almost 2 years since the death of my last surviving parent. The estate is still not settled. One of 2 Executors has the remaining chattels and personal items (some items are classed as historical heirlooms) in their care. One beneficiary also has a couple of items they are holding onto as 'insurance' (for want of a better word}. All beneficiaries agreed upon this beneficiary recieving a certain item in lew of other items, which to date the bemeficiary has not recieved the said item and it is now being held at the Estate Solicitors office and has been held there since late 2020. One executor has now decided that they now need to 'approve' the items held by the beneficiary before the handover of the agreed item. The Executor's behaviour has made it loud and clear she is making it hard for this beneficiary to recieve the item all had agreed too. The same executor is also making it loud and clear that they also do not want 2 other beneficiaries recieving any of the chattels she is holding. I wondering where we stand with all this unnecessary nonsense. The Estate solicitor is absolutely no help at all and is abiding to the executor. Executor number 2 is also of no help and does 'as they are told' by Executor number 1. Im wondering where the 3 beneficiaries stand with this sort of behaviour.
 

Mvy

Member
18 April 2021
2
0
1
It has been almost 2 years since the death of my last surviving parent. The estate is still not settled. One of 2 Executors has the remaining chattels and personal items (some items are classed as historical heirlooms) in their care. One beneficiary also has a couple of items they are holding onto as 'insurance' (for want of a better word}. All beneficiaries agreed upon this beneficiary recieving a certain item in lew of other items, which to date the bemeficiary has not recieved the said item and it is now being held at the Estate Solicitors office and has been held there since late 2020. One executor has now decided that they now need to 'approve' the items held by the beneficiary before the handover of the agreed item. The Executor's behaviour has made it loud and clear she is making it hard for this beneficiary to recieve the item all had agreed too. The same executor is also making it loud and clear that they also do not want 2 other beneficiaries recieving any of the chattels she is holding. I wondering where we stand with all this unnecessary nonsense. The Estate solicitor is absolutely no help at all and is abiding to the executor. Executor number 2 is also of no help and does 'as they are told' by Executor number 1. Im wondering where the 3 beneficiaries stand with this sort of behaviour.
I have now been notified that the said Executor has decided it is her right to chose who receives the chattels and personal items left in the Estate.
Does the Executor/s have the right to decide which beneficiaries receives what items and chattels that are left in the Estate?
 

Rob Lee

Active Member
7 March 2020
9
0
31
Does the Executor/s have the right to decide which beneficiaries receives what items and chattels that are left in the Estate?
Unless the will states otherwise yes. They should act fairly though.