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QLD Remove Executors of Will?

Discussion in 'Wills and Estate Planning Law Forum' started by impatient jill, 13 May 2015.

  1. impatient jill

    13 May 2015
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    Our mother passed away 18months ago and the two executors of the will are taking things very slowly. One executor is refusing to sign any documents. There are 6 beneficiaries including the 2 executors, 5 have agreed to a property settlement price and 1 executor is refusing to sign the paperwork. The solicitor doesn't seem to be in any great hurry either.

    Where do the other beneficiaries stand? Can we have this process sped up somehow? Can we remove the executors of the will?
  2. Steve500

    Steve500 Well-Known Member

    10 March 2015
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    Simple, take legal-action, get your lawyer to file court-proceedings and from there it will go, and subpoena's will be issued. This costs money but if your eligble to make a family provision claim, the court-costs maybe deducted from the Estate.
  3. winston wolf

    winston wolf Well-Known Member

    21 April 2014
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    I'm afraid none of this is simple or cheap.
    You and preferably any other affected beneficiary would need to apply to the court to have the non preforming executor removed.
    If the "bad" executor is shown to be acting improperly they may have the costs of the action paid from their share of the estate.

    I don’t think this has any relevance to a Family Provision claim.
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