SA Executor of Will Sold Inheritance Without Consent - Options?

Discussion in 'Wills and Estate Planning Law Forum' started by xxshellsxx, 21 January 2017.

  1. xxshellsxx

    xxshellsxx Active Member

    31 December 2015
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    My father died in September 2012.

    In his Last Will and Testament, my father left the rest of his estate (residuary estate) to both my brother and myself equally.

    My dad appointed his daughter, from a relationship prior to marrying my mother (related by genetics only really as my Dad's children from his previous relationship and his children that were had with my mother shared very little time together growing up and nor now as adults) as the executor of will. The Will states that my Dad leaves this daughter (the executor) $2000. Along with other monetary gifts to grandchildren, etc.

    The executor applied for a grant of probate in April 2013. Probate was granted in June 2013.

    There has been no conmmunication with me from the executor and very little between my brother and the executor. The executor employed lawyers to act on her behalf. There has also been very little communication from the lawyers with myself and my brother.

    Especially in regards to the executor agreeing to the sale of my fathers estate. I did not wish to sell my fathers house and land nor did my brother. There was no mortgage, no encumberances--no outstanding debts or bills that required the estate to be sold in order to be resolved.

    The only information on why the executor took it upon herself to sell the estate, which was left equally to myself and my brother, is that 'the house is the only asset of value and the deceased made specific gifts in the Will totalling $19,000 in cash and that these gifts cannot be satisfied by the cash assetsof the estate.'

    It took many email requests to the lawyer acting for the executor to finally provide me with a copy of Statement of Assets and Liabilities (this was omitted from the copy of the Grant of Probate which took me 4 years to obtain from the lawyer...)

    The Statement of Assets and Liabilities provided to the Supreme Court shows that without including the value of the house my fathers Total Value of Assets to be $28,320.33.

    Total Value of Liabilities is $4,386.14.

    The leaves the remaining Assets Total of $23,934.19. (I have not included the valuation stated for the house).

    Monetary gifts total $19,000.00.

    I am hoping somebody can explain how the executor has managed to sell my fathers house, without mine or my brothers knowledge and against our wishes, when the 'specified monetary gifts' could have been satisfied with the remaining total assets.

    2012 my father died. It is now 2017.

    The transfer of the title of proprietor was registered in December 2016. Memorandum of Transfer was also registered in December 2016.

    I have received a letter from lawyers acting on executors behalf informing me of the sale of the house and a Benficiary Authority for me to sign, giving authorisation for money from the sale of the house to be deposited in to my bank account. (I have never heard of this!).

    No other details such as price house was sold for or where all the proerty has gone that belonged to my father and myself which was still at the house. Some of the items which were left as gifts in my fathers Will and were sitting and awaiting distribution have been removed and the lawyer is unable to tell us where these items have gone. Sheds have been dismantled and removed. Vehicles, furniture, fishing and hunting equiptment....All gone.

    The house was sold to the local council as almost all of the houses in that area are in a high risk zone and have already been purchased by the council or the EPA over the past 10 years and demolished.

    My brother has been told by the lawyer on the phone that we will have to pay the costs of clearing the items from the property and as there was alot to remove the cost is rather large, no mention of actually how much and no other details.

    The letter states that the sale is on a 'walk in walk out basis'.

    Can somebody please explain what that means?

    I apologise for the length of this letter and possibly afew too many details. I just cannot process how the executor has been able to do this---or her appointed lawyer acting on her behalf!

    Thank you for your time reading my post and a big thank you in advance for any guidance or information that is given.

    Enjoy your day.
  2. winston wolf

    winston wolf Well-Known Member

    21 April 2014
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    Hi Shell

    From what you describe the executor has acted within the "rules". A lot comes down to the specific wording of the will.

    There is nothing unusual about an executor getting a lawyer to do most of the work, particularly when they are not paying. As the house was part of the residual estate and not specifically bequeathed to you, the executor is not bound to pass it on as a house.

    As to the items that have been stolen/taken from the property that could be a criminal matter.

    Unfortunately the truth is that trying to get remediation from a bad executor where the loss is in the thousands rather than the 100s of thousands may not be worth the cost(emotional and monetarily).

    Hopefully others will clarify 'walk in walk out basis'.
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    xxshellsxx likes this.

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