WA Executor of Will Spent Mother's Saving as Power of Attorney?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


27 March 2016

My mother passed away 6 months ago. My brother is named Executor of Will. The Will is clear & simple - The deceased estate is to be equally shared between the 3 children - brother, sister & myself.

Probate is being applied for and the letter listing her assets showing balances of 2 bank accounts and personal assets.

In 2012, her house was sold and the monies were put in a trust account for her care in her old age. Mother never went into a Nursing home. My brother was made Power of Attorney over her financial affairs in 2006.


The bank account shows only $140,000 but the House settlement was $405,000. He says the money is gone. My mother gave him the money? He won't tell me and my sister where the money was spent. How do we find out where the money has gone before Probate is finalised?

He has also taken and listed a $60,000 personal loan from her Bank account.

Would like instruction on how to acquire legal rights to have him repay the money he that's taken for his own personal use.

The amount of $265,000 + $60,000 loan plus interest from 2012 to Sept, 2015?


Well-Known Member
19 April 2014
This sounds complex and you would be best getting personalised legal advice. See Get Connected with the Right Lawyer for You

His power of attorney ended when she died, so if he did anything as executor that was in his own interest rather than according to the Will, then that's a breach of his duties as executor. For what he did as attorney under the POA, you'd have to prove he was acting outside of his power.
  • Like
Reactions: ClareB