VIC Issues with Uncooperative Executor of Will?

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Anthony23

Active Member
5 January 2018
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My parent passed away several months ago, and my 2 other siblings and myself are co-executors of will. One of my siblings has been extremely uncooperative in trying to wind up my parents estate because they think the will is grossly unfair.

Myself and other sibling managed to get probate without the other sibling which was difficult, but we managed. After probate a new title to my parents house was created listing myself and my other sibling as the legal rep of my parent deceased estate, In fact the will states that the house is left to myself and my other sibling due to my parents buying the other sibling a house.

The other sibling has made every attempt to disrupt our lives by changing locks and after we changed the locks back, the sibling then drilled them out. I went to the police stating that one of my siblings damaged estate property and is not listed on the title and should stay away until her Part IV claim is made. The police refuse to get involved, they say its a civil matter.

How can this be when property was damaged?
 

Rod

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27 May 2014
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Police are lazy. It is trespass. Try them again, different shift.
 
Last edited:

Anthony23

Active Member
5 January 2018
8
0
31
Hi,

Just to let people know after 3 years of torment in the Supreme Court by my sibling who contested my parents will (my other sibling and I as executors) and wanted essentially more money through a Part IV claim, all my faith in the legal system has been restored as the case got dismissed by the judge just before Christmas, without actually saying these words, he essentially said my sibling was greedy.

I really don't know how these cases get to court as the judge at the directions hearing on 2 occasions said my sibling does not have a case. We just heard that they will try and appeal. Obviously there is a process and we just have to ride it out. Obviously there will be an end to this and a cost which we assume the contesting sibling will hopefully pay based on our last Calderbank ($250K more than the will is giving that person).
 

Rod

Lawyer
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27 May 2014
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Ta for the update.