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QLD Executor of Will Refusing Us Copy of Deed of Arrangement

Discussion in 'Wills and Estate Planning Law Forum' started by maccamoney, 28 July 2016.

  1. maccamoney

    maccamoney Member

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    My mother is deceased and her partner is the executor of her estate but not a beneficiary. My sister and I are the only beneficiaries of the estate with a 50/50 split. The money side has finally been sorted out but no personal items or papers have been given to us.

    The solicitor will not release the money until we sign a document that says: "acknowledge that $$$$ represents my full entitlement from the estate. I release and indemnify the executor of the estate and your firm from and against all further claims in relation to the administration of the estate." We don't want to sign this as we feel we will never get the personal items. We have asked to see the executor of will but he keeps putting the date off and at the same time wants us to sign.

    Most important is a 'deed of arrangement' made between my mother and her partner regarding their home in which they were joint tenants. Normally, this would automatically come to him, but the deed of arrangement, which we only saw briefly, said that if she died first, he was allowed to live it until he died and then it would be split 50/50 between his children and hers.

    He will not let us have a copy and neither will the solicitor who is doing all the legal work for him. The solicitor handling the estate drew up the arrangement. We think we should be entitled to a copy of this document to ensure our rights when he dies.

    Any help with this would be great.
     
  2. Sophea

    Sophea Well-Known Member

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    You are within your rights to refuse to sign the documents until you receive the personal items, etc. and the copy of the deed. Just be persistent and stubborn. If necessary as a last resort you may be able to apply to the court for a direction to the executor instructing him to take certain action. If it comes to this, I would seek personalised legal advice.
     

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