QLD Son Refusing to Sign Change of Name - Recourse for Distribution?

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Tassiecatred

Member
16 March 2017
3
0
1
Hi,

My mother passed away in June 2016 and the beneficiaries are my brother, his four children, myself and my two children. There have been no claims against the deceased estate and the executor's solicitor has advised that because of the nine month non-distribution rule in Queensland, the estate will be distributed in late March except:

My ex-wife and I divorced 30+ years ago and it was quite an unfriendly divorce. So much so, that later in life, my son changed his name. That's ok because my ex and I have both moved on, remarried and have other families.

When my mother passed, she used his original name on the will. To finalize the estate, my son has to sign a form verifying the change of name. However, for whatever reason, he refuses to do this and the solicitor has advised that there can be no distribution without this form. So, basically, 7 other people will receive nothing.

Now, I'm not getting any younger and I would like all of this to be finalised before I die or my estate will have to deal with this. Is there any provision allowed for distribution to the other beneficiaries while my son bides his time or do we have to go to court?
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
I could be wrong on this but I see no reason why his share cant be held in the estate and the rest distributed.

The final decision is up to the executor not the solicitor. What's he going to do?
 

Tassiecatred

Member
16 March 2017
3
0
1
We'll have to wait until the nine months are finalised and see what he says, I guess. It's only two weeks away, so I'll let you know then.

Thanks heaps, winston.
 

Tassiecatred

Member
16 March 2017
3
0
1
Well,, I just have received advice from the executor that until the change of name forms are completed no distribution will be made