NSW Non payment to Beneficiary by Trustee of Probated Will

[Terrance]

The Trustees/Executors of my Mothers deceased 2 nd husband have refused to pay for her accommodation (a Nursing Home Bond Interest) and the proceeds of an Insurance policy against the directions of the Will.

They claim this is because they need to site each Quarter, my Mother's personal financial statement from the Nursing Home to confirm she still resides there?

 

[Perp]

That sounds reasonable. What's the issue?

 

[Terrance]

Are you kidding? Their duty is to pay funds as per the Will's direction NOT to add their own "conditions". The Will required that my Mum was to be provided at her sole discretion her next Residence. They have their own records of payments so there is no need to Invade her Private Financial and Health records.

 

[Perp]

The trustees have a fiduciary duty to confirm that the funds were expended on your mother's care, and to what value. This is not an extra condition of theirs, but a longstanding obligation of all trustees.

I agree there's no need to be overly intrusive, but they must substantiate. What other way can they do so?

 

[Terrance]

The trustees have a fiduciary duty to confirm that the funds were expended on your mother's care, and to what value. This is not an extra condition of theirs, but a longstanding obligation of all trustees.

I agree there's no need to be overly intrusive, but they must substantiate. What other way can they do so?

They have their own Estate Bank records showing payments made and received to Carer - ARV. What else would they need "we sent a Payments to ARV titled Interest and it was Banked by ARV"

Perp seems a strange Tag for a legal chat??

Are you a qualified solicitor or just another non legal member?

 

[Perp]

They have their own Estate Bank records showing payments made and received to Carer - ARV. What else would they need "we sent a Payments to ARV titled Interest and it was Banked by ARV"

That only tells them that a payment was made to that entity; it doesn't confirm whose care it was for, what dates it covered, etc; it's not adequate to fulfill legislative requirements.

Are you a qualified solicitor or just another non legal member?

Yes, I am a currently practising solicitor in this field (succession).