QLD Husbands sister is destroying will

Discussion in 'Wills and Estate Planning Law Forum' started by AFJ, 13 June 2018.

  1. AFJ

    AFJ Member

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    So... my husbands father passed away on Saturday. One month and one day after finding out he had terminal cancer. My husband spent all but one weekend with him I. The lead up to his death. The weekend he didn’t spend with him, his sister took a truck up and loaded it with anything of any value and brought it back to Brisbane.
    She is the executor of the will. She has spent the past 5 days since his passing making sure that she has gone through every room of the property and taken everything of value, marking some things down on a ledger, and other things not - for example a box of collectible knives worth well over $1000 is not on the ledger but is going to her son, yet the $20 crab pot for her stepbrother is marked up to $100. She’s also been told by her husband that family heirlooms don’t go against the estate value...
    IN the will, she was named as receiving their dads gun collection. I understand that this doesn’t get included in what gets valued? I have massive concerns with her husband having access to guns as he is bipolar and violent. I don’t understand how he managed to get a gun license.
    She has now decided to say that there was no will because she is convinced if there is no will, the estate won’t have to repay his debts. She is being very underhanded and greedy. She and her husband have been effictively stealing from him for the past few year..
    Does anyone have any suggestions? We have a copy of the existing will if she destroys it like she plans on doing.. additionally my husbands Mum may have a copy of the will that they had when they were together.. which if there wasnt a copy of the will could be used.
    If there is no will - all assets would need to valued, debts paid and then beneficiaries paid - is that correct? Would this be though the public trustee?
    Any advice is greatly appreciated!
     
  2. Rod

    Rod Well-Known Member

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    I'd be getting a lawyer and sending her a letter asap advising her she becomes personally liable for a breach of duty. Once she is found to have breached a court will likely err on the side of caution and say you are the one performing illegal activities, we don't trust you, we'll take the word of others instead and if they tell me things were there and their value, we'll accept their word over yours.

    Sorry I haven't answered your specific questions, I am not in QLD and their laws are a bit different to Vic.
     
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  3. franklyspeaking

    franklyspeaking Active Member

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    I just read your answer (above) and if I am reading correctly you are saying that a COURT would side with someone who is breaching their duty. Are you kidding or what? Sorry but don't courts deal with facts and evidence? Meaning if she or anyone for that matter have breached their duty then there are consequences surely. Your answer frankly is quite unsettling.
     
  4. Rod

    Rod Well-Known Member

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    Soz, badly worded answer. The court will not believe the sister.
     
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