NSW Getting Sister to Fulfil Her Obligation to Mother's Will?

[Lynne]

Hi,

Myself and three sisters are beneficiaries and executors of my late mother's will (she died Nov 2011). After much angst between us all, most of the proceeds of her estate have been distributed except for some money in the deceased estate account. I have asked my sister (who has taken over as 'chief' executor) to distribute the remaining monies and close the account, so we can finalise the estate and fulfil our tax obligations etc. She also oversaw a renovation on mum's unit which was sold in March 2015 and will be subject to capital gains tax. She has the paperwork for everything and will not pass copies on to anyone else. She is VERY difficult to deal with.

How can I get her to fulfil her obligations?

 

[Tracy B]

Hi Lynne,

Practically, the best way is to speak with your sister and ask her why there is this delay. Perhaps your sister has legitimate matters that she needs to finalise before she distributes this final amount (e.g. CGT calculations, calculation costs and expenses of the renovations, calculating her own costs in administrative the estate or the costs of co-executors, if any).

Legally, you can apply to court for distribution within a reasonable time. If there is undue delay, the court will likely order that the distribution occur within a specified period of time.