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QLD Family Members Lied to Public Trustee - What to Do?

Discussion in 'Wills and Estate Planning Law Forum' started by CJGC, 15 October 2016.

  1. CJGC

    CJGC Member

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    If a will was left with the Public Trustee and they did not do all they could to find a child and the other family members lied to the PT and solicitors during the contesting of the will, stating that the sibling had died, can that sibling now file a claim even after the 12 months has passed and money has been disbursed?
     
  2. Sophea

    Sophea Well-Known Member

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    An Executor is legally responsible for administering the estate and they must adhere to the legal requirements set out in the Succession Act. If there’s a deliberate or accidental error in the administration of an estate the executor can be held personally liable. I think in the case of the public trustee acting in this capacity there are limits as to what they can be made liable for, however the estate may be made liable.

    You would need to seek leave of the court to bring proceedings. I would speak with an experienced estate lawyer about this as soon as possible.
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