WA Executor transfers vehicles days prior to death.

Discussion in 'Wills and Estate Planning Law Forum' started by terance clark, 19 August 2018.

  1. terance clark

    terance clark Member

    17 August 2018
    Likes Received:
    My Father was very ill with lung cancer, had lost his wife unexpectedly and made a will late last year. Approximately 10 days after the will was lodged with a lawyer, the person who was named as executor asked Dad to sign a vehicle transfer document ,whilst in hospital, to the executors name which my dad did. 10 days after this my father passed away. My dads cars valued at approximately $32000 conservatively were both transferred over and subsequently given to the executors children. Please note that the executor knew he was the executor as he had driven my dad to his lawyer to draw up the will. Is this allowed to happen? My father was on many painkillers and drugs due to stage 4 lung cancer and imminent death. There have been other things as well with other smaller items from the home disappearing but this is perhaps the most contentious issue. The executor is also included in the will as a beneficiary along with his children. However by taking the cars out of the estate prior to probate he has lessened the value that all the beneficiaries should have received.
    Thanks for your help
  2. Rod

    Rod Lawyer
    LawTap Verified

    27 May 2014
    Likes Received:
    Sounds like a breach of duties and the executor can be pursued for the return of vehicles/equivalent value.
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