NSW Lodging a Complaint Against Executor of Will?

[VERY UPSET FAMILY.]

Recently, a family member passed away. By law the executor of will is suppose to notify family. No family members were notified of her death, which has upset all of us very much. Her husband died years ago and they had no children, her closest family members are her cousins and families and see had lots of friends also. No one was advised and could not go and pay their last respects.

We as a family would like to know where we can log a complaint as the Executor of her will breached the law of their duty as an Executor of will. We do not know who the Executor is. How can we find out and also lodge our complaint?

Please help us .

Yours Sincerely,

 

[Arche]

Hi,

I am sorry to hear of this distressing situation. It must be very difficult. There are a number of issues here.

Firstly, I am not at all sure that there is a legal obligation for an executor to notify family of a person's death. Yes you would hope they would but I am not sure that is a law about it.

Secondly, what is your relationship to the person who died?

Thirdly, when did she die and how do you know?

Fourth, do you even know if there was a will?

Lastly, have you checked with the NSW Supreme Court to find out whether probate has been granted, and if so who the executor was?

Having said that, there is not always a legal remedy when someone does something that upsets other people. Where will making a complaint actually get you? I assume from your post that you are upset that you could not go to the funeral. Not everyone has a funeral - a friend of mine recently died and specifically requested there not be a funeral.

Instead, family and friends are having a gathering to celebrate his life. It might be helpful for you to organise family and friends and have a celebration of your relative's life for yourselves. That way you get to honour her in your own way.