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NSW Executor of a Will Dispute - Misappropriating Assets of Deceased Estate?

Discussion in 'Wills and Estate Planning Law Forum' started by MEL wales, 2 August 2015.

  1. MEL wales

    MEL wales Member

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    The executor of my mother's deceased estate reluctantly forwarded her will and assets $70,000. Knowing there was more funds in the estate, I questioned the assets with evidence I knew to the acting solicitor. 1 letter later another $330,000 appeared and I believe there could be more.

    Is this misappropriation of the estate by an executor of a will and is it illegal?

    I was left out of my mother's will & she stated in the will I could not make family provision claim - is this allowed?

    I believe my mother was not of sound mind when creating her new will & a statutory declaration stating 98% of lies about myself & our relationship, being estranged etc, which I believe was worded & orchestrated my my sister, the executor is this hard to prove. My sister the executor took "control" of my mother and changed everything. Blocked her close family & was "parroting" what she wanted my mother to say when we tried speaking with her on the phone etc all very dictated by my sister.

    My brother is also a beneficiary in the will, but is a protected person, but apparently he has now also been refused his portion of the will & the Public Trustee are not wanting to "throw" money at it. How can an executor get away with this?

    There was also money lent to me by my parents that I have kept a record of the amount, the arrangement was I receive money prior to my parents death as I needed it then rather then wait, both parents said treat it like an advanced payment, you get it now & your brother & sister get that same amount when we both die & then the remainder of the assets be divided equally between the 3 of us. My sister, executor has now used this against me, increased the amount, accused me of being estranged from my mother, saying I "stole" the supposed record of the loan amount (I have my own copy of as proof). I can prove most of the statutory declaration is lies, but want to know how strong a case would I have.

    No money for solicitors with out a no win no fee, which I have now found is extremely high costs $500 per hour solicitors fee & they then want 25% of what I win. I am on a disability pension, single mum 2 boys etc etc, any help would be wonderful.
     
  2. MEL wales

    MEL wales Member

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    Does anyone have any advice about my situation? not sure if i am posting this correctly.
     
  3. Amanda E

    Amanda E Well-Known Member

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    Hi Mel,
    As you've correctly identified, your situation is complex and does require a lawyer to give you personalised legal advice and guide you through the process. You may be able to get free assistance from your local community legal centre (just call them up to check), but otherwise, a private lawyer would come to a fee arrangement with you.
     
  4. MEL wales

    MEL wales Member

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    Hi Amanda
    Thanks for you input, will contact local community for their advice.
     
  5. MEL wales

    MEL wales Member

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    I have been told by a friend that I should forget family provision & try "unconscionable conduct, undue influence & fraud". Any input with regards to these issues in the Supreme Court?
     

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