VIC Executor of Will Not Responding - What to Do?

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Paul Winnell

Member
21 October 2018
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Hello all,

My ex-wife passed away on the 19th October 2017. At the time of her passing, our children had been in my full time care for 5 years (my ex was heavy drug user - hence the divorce and early passing).

The executor of will was quite hostile towards me - even accusing me of killing her to the police; anyway as a result we have had no contact.

None of my ex-wife's items have found their to our children - the only thing they have received is their mothers ashes which still managed to take 11 months to be delivered. Financially the children have received a lump sum payment from their mothers superannuation fund.

The executor has not supplied any other detail about the mothers estate - is there anything I should be doing?

I am not considered the senior next of kin - the executor is.

Regards
 

Rod

Lawyer
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27 May 2014
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You should be asking for a copy of the will. If they don't provide it you can get a copy from the Supreme Court of your State.
 

Rod

Lawyer
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What haven't the kids received?

Has there been an accounting provided?

What State are you in?
 

Paul Winnell

Member
21 October 2018
3
0
1
What haven't the kids received?

Has there been an accounting provided?

What State are you in?

Hi Rod,

I'm in Victoria.

The kids have only been in receipt of the balance of their mothers superannuation fund - which was strangely released to me as a cheque as they advised they did not need to comply with with will. Turns out this is correct (as is my loose understanding).

Apart form that nothing - no accounting, and this is my concern - after posting this thread, it prompted my to try and make contact with the executor - and was advised that I was to get nothing and the kids will be advised by her when they are 18 what they will be getting.

I calmly responded that I seek no $, but as the surviving parent and guardian I should have received a 'statement of affairs' for the children's benefit.

Cheers
 

Rod

Lawyer
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27 May 2014
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OK. Why are they saying, and you seem to agree, they don't need to comply with the will?

And a reminder to the executor they become personally liable for misappropriation of funds is useful :)

Keep following up on the accounting/statement.