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QLD Executor of Will Spent Minor's Trust Fund - What to Do?

Discussion in 'Wills and Estate Planning Law Forum' started by Talhia, 22 September 2016.

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  1. Talhia

    Talhia Member

    22 September 2016
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    A minor was left a considerable sum of money by his deceased grandmother to be held in trust until the child reached 18 years of age. The executor of will was given the money by the solicitor managing the deceased estate and advised by the executor of will that they would establish a trust fund for the child.

    When the child turned 18, the mother of the child writes to the executor of will but does not receive a reply. What does one do?
  2. Rod

    Rod Well-Known Member

    27 May 2014
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    Before taking legal steps, what method of contact do you have with the executor (eg: phone, email, address, other)?

    What relationship is the executor to the minor (Uncle, family friend, other)?

    Try to contact and speak with them first to see if there is an kind of misunderstanding. If it looks like they are being evasive, get as many contact details as you can, and get a lawyer involved early before they spend or dispose of any remaining monies. I would not tell the executor what you plan to do.
  3. Tim W

    Tim W Lawyer

    28 April 2014
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    First, once the beneficiary turns 18, they are an adult,
    in which case, the executor is within their authority to deal only with them.

    Second, clarify for me how you get from "didn't get a reply" to "executor spent the money?

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