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NSW Executor of Will - What to Do When Brother is Uncooperative?

Discussion in 'Wills and Estate Planning Law Forum' started by Julter, 5 August 2015.

  1. Julter

    Julter Member

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    My mother passed away last Sept. naming a brother and a sister as executors of her will. Despite all attempts to finalise her deceased estate, my brother will not sign any papers, and will not answer any attempts to communicate.

    Is there anything we can do?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Julter,

    What do you mean sign papers? What papers has he refused to sign? Has probate been obtained? As executors your siblings have the responsibility of distributing the estate. Not you. All you can do as beneficiary is wait for your inheritance to be distributed to you.

    If your mother passed away last September, it has not yet been 12 months. Estates should generally be distributed by the 12 month mark, however if there is a valid reason for distribution to be delayed, there is nothing you can do to compel it. Executors are responsible for ensuring that the beneficiaries receive their inheritance in accordance with the will. This should be done within a reasonable time after all assets have been collected and debts have been paid. There is general rule that estates should be distributed within one year of the testator’s death where possible. Monetary gifts paid after one year from the date of death will attract interest.

    See
    Executor of a Will – Rights and Responsibilities - Legal Blog - LawAnswers.com.au
    AND
    Are You a Beneficiary of a Will? Know Your Rights [QLD] - Legal Blog - LawAnswers.com.au
     

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