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VIC Executor of Will Breaking the Law?

Discussion in 'Wills and Estate Planning Law Forum' started by Chloe2u, 25 August 2014.

  1. Chloe2u

    Chloe2u Active Member

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    Executor has been spending mums money from atm card.Mum passed away 3 1/2 months ago and I have 7 siblings with equal shares in estate and assets. Executor hasn't shown any of us the will or given us solicitors name. She refuses to communicate this to us and she has moved into the house and is telling us all no one is to sell the house or get there share. The house is to be kept she stated. Executor hasn't applied for probate and we are all in the dark. Can the Executor hold off sale of house ?or remorgage money against the house? And does she have to apply for probate? Also how long are the benefactors protected? And do Benefactors have right to have copy of will? What can I do?
     
  2. Sophea

    Sophea Well-Known Member

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    Annab8,

    From what you have described it certainly doesn't sound as though the executor is carrying out their role appropriately.

    To begin with, the rights of a beneficiary to view the will are as follows:
    • The Executor only has a duty to inform each beneficiary of the nature and extent of their entitlement from the Estate under the Will. This includes when the beneficiaries might expect to receive their entitlement.
    • The beneficiary of a Will is entitled to receive a copy of the Will in its entirety if they make a formal request to the Executor to do so. The Executor must acknowledge the request and send the beneficiary a copy of the Will. The beneficiary may be liable for any expenses related to producing and sending the copy.
    The executor stands in a fiduciary relationship to the beneficiaries of the estate. The executor must therefore discharge his duties with due care and with undivided loyalty to the good of the beneficiaries. Breach of this duty can give rise to liability on the part of the executor.

    This website provides a list of the specific responsibilities of the executor.
    http://www.publictrustee.wa.gov.au/W/what_is_the_role_of_the_executor.aspx

    Of specific note, the executor is responsible for preserving the assets from waste. This means ensuring the assets are not wasted due to their own action or inaction. For example, if the Executor fails to administer the Estate in the required time limit, resulting in a reduction of the Estate assets, the Executor may be held personally liable by a beneficiary or creditor for that reduction. The estate must be distributed within 12 months of the death of the deceased.

    Yes the executor is required to obtain probate of the Will. Until probate has been granted the deceased's assets are completely frozen. However, the Executor will be given access to the deceased's bank account in order to cover the funeral costs and expenses, and any court fees related to acquiring the Grant of Probate.

    I would try to lay down the law a bit with the executor and remind them that they owe you strict duties to act in your best interests and to preserve your inheritance and if that doesn't improve matters, I would consult a reputable estate lawyer. The fees will come out of the estate.
     
  3. cheryle

    cheryle Well-Known Member

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  4. cheryle

    cheryle Well-Known Member

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    What if estate is almost sold what then?
     
  5. Chloe2u

    Chloe2u Active Member

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    Thank you for all the info Sop
    Thank you for all that info this is all new to me
     
  6. Chloe2u

    Chloe2u Active Member

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    I apologize Sophea I must of hit reply before fully spelling your name.Thank u
     
  7. cheryle

    cheryle Well-Known Member

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    Thankyou
     

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