VIC Maladministration and fraud

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Exmrs1

Member
4 March 2019
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0
1
Sole adult child and a friend are executors of adeceased mother's will. The friend executor had little involvementt. The adult child (son) is not a beneficiary. The will was divided between 2 step sons and 2 grandchildren.
The son did not advise banks, Centrelink etc. Spent 170k in account and 50k of pension after the death.
Then revoked his executorship and handed the estate over to step brother to manage.
The beneficiaries were prepared to split equal fifths, given the son had been left out of the will. This was decided before probate and knowledge of maladministration/theft.
Is it up to the beneficiaries to decide on legal action or to pay back the estate with the inheritance they were prepared to share or would the probate lawyer and supreme Court step in?
Person was forging cheques and had access to deceased band cards
 

Rod

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27 May 2014
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The beneficiaries go after the executor, possibly involving the police as well.

If you/they need a lawyer, what part of Vic are you in?
 

Exmrs1

Member
4 March 2019
2
0
1
The beneficiaries go after the executor, possibly involving the police as well.

If you/they need a lawyer, what part of Vic are you in?
Do they have to?the executor (before he renounced) is the father of two beneficiaries one being a minor.
 

Rod

Lawyer
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27 May 2014
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If they want fairness and the executor is not cooperating - yes.