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WA Executor of a Will - Can the Public Trustee Interfere?

Discussion in 'Wills and Estate Planning Law Forum' started by Janrob, 5 February 2015.

  1. Janrob

    Janrob Active Member

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    I am executor of a will (my mother's will). I have been granted probate by the Supreme Court. Her will states that the monies left after all monies owed and funeral expenses paid be divided equally between her three daughters. The youngest daughter has Down Syndrome and her pension is handled by the Public Trustee. They have been informed of her inheritance. The Public Trustee has informed me that I can not carry out my mothers wishes as they are looking into getting a larger share of the monies left as the youngest daughter is handicapped. Can the Public Trustee stop me from dividing the inheritance. What rights do they
     
  2. winston wolf

    winston wolf Well-Known Member

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    Yes they can.
    It sounds like they are considering making a Family Provision Claim against your mothers estate.

    They may claim that as your sister is disabled she requires a grater share of the estate as she has a greater need and you mother made an error in dividing the estate 3 ways.

    If they proceed.

    1. They will make a claim
    2. The estate will disclose the size of the estate.
    3. The beneficiaries will do affidavits stating their financial position etc.
    4. The estate will enter mediation at which time the estate may agree to pay a greater share.
    5. If mediation fails you all head off the the Supreme court for a judge to decide what you Mum should have done.

    The Public trustee may withdraw at any time or the estate may settle at any time.
    The way this plays depends on.
    1. The size of the estate.
    2. The financial situation of all the parties.
    3. The attitude of the Estate and the claimant.
    4. The state you are in.
    5. The judge.
     
    Sophea and Worldly1 like this.
  3. Janrob

    Janrob Active Member

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    What would happen if I divided the money.
     
  4. Janrob

    Janrob Active Member

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    They have not sent me anything in writing they have only told my older sister this over the phone as she is the guardian of my disabled sister. What would happen if I just divided the money?
     
  5. Janrob

    Janrob Active Member

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    The Public Trustee have not notified me by Letter this information that I could not touch the money came from my older sister who is the guardian of my disabled sister. They told her by phone to pass the message onto me. What would happen if I divided the money?
     
  6. winston wolf

    winston wolf Well-Known Member

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    I guess you mean distribute the money.
    They would still take you to court and all of the costs would come out of your share(probably) and a lot of other bad stuff.

    You should consider your self notified.

    There is no simple way out of this, Your best bet is to try and spend a little on legal cost as possible to maximize what you receive in the end.

    Let us know if you have more questions.
     
    Worldly1 likes this.

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