WA Fraudulent Behaviour from Executor of Will - What to Do?

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
19 February 2016
2
0
1
I am hoping someone can help me. I have been trying to sort this out for nearly 6 years, the problem being I am in the UK. I have been out to WA to collect my mum's ashes but my brother continues lying to me.

My mum died in May 2010 and my brother was Executor of will. My mum had lived with him for about 5 years, in which time he got her to give him loads of money and pay for everything. He treated her terribly. She was not even allowed to eat meals in the same room as him and his wife.

When she died she had been in hospital over a week.. He did not even ring me until after she had died. He did not want to send me a copy of the will. He stated that I was not mentioned in the will.

When I told him that I was trying to get a flight to obviously attend my mum's funeral, he said there was no need as he was not giving my mum a funeral ( his exact words were, "what a waste of $5000 for an old ladies funeral"). When I eventually got to see a copy of my mum's will, it clearly stated that there was money left to pay for a funeral and I knew she wanted one. He used a service not available in the UK called, I think, delivery only, therefore, stealing all the money my mum had left to pay for her funeral.

When I arrived in Australia, there was a check payable to me for $4,500, which according to him, was the proceed of my mum's check account which was left to me in her will. Since receiving that check, I have asked my brother numerous times for a copy of the final statement from that account and have been lied to constantly.

Last night, I phoned the Deceased Department of my mum's bank to be informed that no request had ever been submitted for this statement. I know my brother has stolen money from me and that is why he will not get the statement.

Soon after my mum died, his wife left him, the easy cash had gone so she followed suit. When I was out there last year, my brother was very depressed as he was having to sell the family home to give his ex-wife her share. He was talking a lot of rubbish but admitted to taking loads of money from my mum's bank.

Where do I go from here? I do not ever want to speak to him again, he has been lying to me for years. I still want that statement but the bank will not give it to me without my brother writing to them requesting it. Thinking about forging my brother's signature, which I know is terrible but cannot see any other way to find out how much money my brother has stolen from me.

Sorry, this is so long.