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VIC Unable to Contact Executor of Will - What to Do?

Discussion in 'Wills and Estate Planning Law Forum' started by neirbod, 11 September 2016.

  1. neirbod

    neirbod Active Member

    17 February 2016
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    The executor of will is not responding to calls or messages regarding Dad's will. Last I heard from her, she was getting everything sent to Melbourne from Sydney and she had things to give me. The executor also needs to get Dad's war medals from my grandparents for me. What can I do?
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
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    Hi neirbod,

    Executors and administrators are responsible to see that the beneficiaries receive their inheritance which means they must distribute the estate to the beneficiaries in accordance with the provisions of the Will. The succession act requires this of them.

    However, while the executor is under strict duty to carry out the directions of the will, he or she may exercise broad discretion as to how this is done. Provided they are acting in accordance with the will, they do not need to make decisions that all of the beneficiaries agree with. Provided the executor is not negligent or dishonest, beneficiaries cannot interfere with judgement calls or decisions made by the executor in the fulfilment of his or her responsibilities this includes decisions as to how they will go about distributing the estate, their timeline for doing so, etc.

    Except in certain circumstances, they are not under a general duty to reply to every beneficiaries phone calls, provide regular updates on their progress or provide accounts to them.

    If it gets to nearing on 9-12 months from the date of death and you still haven't heard back from the executor I would start considering legal action. If you are concerned that the executor is not carrying out the wishes of the testator or is involved in misconduct you can apply to the court to make a direction as to how the estate is to be administered or remove the executor.
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