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QLD Executor of Will Refusing to Sign Property into Our Names

Discussion in 'Wills and Estate Planning Law Forum' started by elemef, 1 March 2016.

  1. elemef

    elemef Member

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    Our mother passed away 04/08/2015.

    We tried to change her will before she passed away so that us, her three children, could be the executors, however, she passed quickly and it left her deceased estate to her solicitor to act as Executor of Will.

    Her deceased estate included leaving her share in the family transport business to my brother. My sister and I receive the real property and other assets (vehicle, furniture, etc). The property was owned outright by our mother. The only caveat in the will is that, should we sell the real property, we are to give our brother $50 000 to keep the family business cash flow positive. We are all in agreement with this.

    At the will reading, we asked the Solicitor / Executor of Will if he would sign her real property into my sister's name and my name so that we could borrow against the equity in the property to make significant improvements to gain a better sale price. He has blatantly refused this as he thinks my brother will then turn around and sue him for failure to gain $50 000 from the sale of the property. He has stated on many occasions that he is the Executor of WIll and will do what he wants when he wants.

    We have all signed a statement, whereby our brother agrees to forgo any claim to $50 000 until such time the property is improved for a higher sale price. The Solicitor / Executor of Will has refused to act on this and verbally said he would provide his own template to ensure the wording doesn’t leave any avenues open. This was 30th November 2015. Still nothing.

    How do we get this property signed into our names so we can move forward? What wording should be used? Should we seek further legal advice from our own legal representative as none of us agree with or even like this authoritarian?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi elemef,

    Its true that provided the executor administers the estate in accordance with the will, they have a fair bit of latitude in how they do it. It is understandable that he wants to protect himself legally. However, you may wish to retain a lawyer to assist in negotiating with him.

    If he is delaying there is legal recourse to apply to the court for orders. Check out this section:

    "Administration and Probate Act 1958 - Sect 15

    Executor etc. neglects to prove, renounce or bring in the will

    The Court shall continue to have power to summon any person named as executor in any will to prove or renounce probate of the will and to do such other things concerning the will as have heretofore been customary and in particular and without limiting the generality or effect of the foregoing provision in any case where the executor named in a will or any person having possession of any will neglects to bring such will into court within six weeks from the death of the testator or where the executor named in a will neglects to prove the same or renounce probate thereof within six weeks from the death of the testator any party interested under such will or in the estate or the State Trustees or any creditor of the testator may apply to the Court for an order calling upon the executor or any person having possession of such will to show cause why he should not bring such will into court or why such executor should not prove the same or renounce probate thereof or in the alternative why administration with such will annexed should not be granted to the applicant and upon proof of service of the summons, if the executor or such person does not appear or show sufficient cause as aforesaid, it shall be lawful for the Court to make an order upon such executor or person to bring such will into court and make such order in the premises and as to costs as appears just and the Court may grant administration of the estate to such applicant.'"
     

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