Hi. My late mother passed away approximately 3 months ago in New South Wales. My sister who is Executor of the Will hasn't shown any of us siblings mum's will, even though she has told us all that we have a share in late mum's home. I've asked my sister formally in writing for a copy of the will, but to no avail. The executor has spent a big portion on herself on mum's atm card which makes me think she hasn't notified the bank or solicitor. I thought that her assets would be frozen and only she can withdraw money for funeral costs and debts owed by mum. Can the Executor remortgage against mum's house before or after probate? Or does she need permission from all benefactors if we have equal shares?
Also does the Law protect benefactors before and after probate and for how long? She hasn't applied for probate and I don't think she intends to. If she does apply for probate, does the title to the Estate go in Executor's name after grant of probate? If yes, how are beneficiaries protected against misuse of power of Executor?
Also does the Law protect benefactors before and after probate and for how long? She hasn't applied for probate and I don't think she intends to. If she does apply for probate, does the title to the Estate go in Executor's name after grant of probate? If yes, how are beneficiaries protected against misuse of power of Executor?