QLD Executor of Will Refusing to Lodge Tax Returns - Options?

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DamoRev

Member
22 November 2016
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Hi,

My father-in-law had a solicitor appointed as his executor of will, however, they've stated they don't do tax returns and have now just fully distributed the funds without factoring in the possibility of a tax liability.

When we queried it, they informed us to do it ourselves. This is a pain in the butt because everything needs to be signed by them, and all request for PAYG summaries, etc., have to go through them.

What is our best course of action? The tax return won't be complex, and as an accountant, I am comfortable doing it myself, but it just seems a bit off that a key role of the executor of will wasn't undertaken or handled properly. Not to mention the time to take to send forms back and forth between myself and the solicitor for signature.

Any help on how to approach it?
 

Rod

Lawyer
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27 May 2014
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Do the tax yourself.

An executor doesn't know your tax situation so it would be improper for them to withhold and pay tax on your behalf. An executor pays liabilities including any estate taxes needing to be paid (eg CGT, stamp duty etc), then divies up and distributes the remaining assets as per the will. What you do with your portion is your business.
 

DamoRev

Member
22 November 2016
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0
1
Aapologies if I wasn't clear, I mean he hasn't even done the deceased persons final tax return, or the tax return on the estate.

I'm comfortable with my own tax situation
 

Rod

Lawyer
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27 May 2014
7,715
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DamoRev

Member
22 November 2016
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0
1
I think the solicitor believes he has organised it by telling my mother-in-law that they don't do them and to do it themselves. Thanks for the information, does give me comfort that I am ok to push back a bit. These things are never easy!