NSW Executors behaving badly, going, going SOLD!!

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Mindful

Member
12 March 2018
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Where is the justice when one Executor can behave immorally but not break the law and get away with such inappropriate behaviour?

Disputes are very common place between family members when engaged in a Deceased Estate matter.
I have learnt that one can do nothing more than to keep within the boundaries of the Law for Wills and Estates and continue to comply with the Terms of the Will and do their duty as an Executor.

This has been my lot since my late mother passed away in May 2016.

Now as the property edges every so gradually toward that gavel coming down on the night of Auction, I still have no idea where I will go.

This post is not so much a question, but a cry for the Legal Profession to ensure that Legislation in regard to Wills and Probate can be changed where Executors find themselves in situations with other Executors who continue to behave badly.

How about it Legal Profession, especially where Elder Abuse is involved, in the manner of one Executor treating another Executor with psychological manipulation, and intimidation, and harrassment.

The Legislation must be changed whereby all Executors are to be responsible for their behaviour and if behaving in a manner that could be under the Elder Abuse laws be proven as such, to be removed from the Executor role.

The matter that I have been enduring has been on of great unwanted, and unwarranted stress from the beginning.

Thank you,
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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While I understand your plight, it's not the legal profession that determines the laws. While we, as a profession, influence law reform - we're not the ones who draft the laws, introduce them to Parliament and get them passed. That's the elected representatives. They get the public servants in policy departments to draft the law changes for them to table in Parliament.

While lawyers have a lot to do with giving input into the process, we don't make the decisions (ultimately or otherwise).