Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

VIC Executor of Will Delaying Distribution - Time Limit to Distribution?

Discussion in 'Wills and Estate Planning Law Forum' started by Diabolos1, 25 November 2015.

  1. Diabolos1

    Diabolos1 Member

    25 November 2015
    Likes Received:
    My father passed away a year ago, in Nov 14. He wrote a will and appointed my sister the executor of will. (Note that she is also a beneficiary) She has applied and received the probate and opened up a new account. All beneficiaries agreed to sell the assets (all shares) for a specified price in July.

    1st, the trench was sold in August. Funds were distributed only in October. We agreed on a sale price for the remaining shares last month, and ever since I have messaged her and called her, but she does not respond or reply.

    It has been a year already and she believes that she has no time limit and she will do it when she has time. She has not provided a timeframe and ignores all questions.

    Does she have a time limit as there are economical costs for those funds?

    Also, is she breaching her duty as an executor by ignoring me, as the beneficiary and not providing any timeframes?
  2. winston wolf

    winston wolf Well-Known Member

    21 April 2014
    Likes Received:

    No there is no specified time that distribution must occur. Just a reasonable amount of time. This is because each estate is different an some can take years.
    12 months isn't considered extreme and the only way to force their hand is through the court.
    The executor has obligations, unfortunately being understanding of the need the beneficiaries to be kept informed is not one of them.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page