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Sue Swindell

Member
26 December 2016
3
0
1
My deceased brother died 2 1/2 years ago, I was an executor of will, with my other brother but he forced me to remove myself as I had a conflict of interest and he would not sign anything until I did so. So I removed myself in order to get probate started and since then, have had this drawn out.

My brother who is now executor of will is not a beneficiary and he appointed a lawyer to assist him. I am the sole beneficiary of my brother's deceased estate. I need to know if an executor of will appointing a lawyer, which was not stated under will provisions can have lawyer fees taken out of estate as well as all the executor's expenses.

As I am the beneficiary, I need to know my rights and when he distributes the estate. Should the money held in estate for past 3 months from the sale of the house have interest added on?
 

AdValorem

Well-Known Member
20 August 2015
57
8
224
Perth
Hi Sue

Your brother can appoint a lawyer to help with the administration of the estate. The lawyer's and executor's cost can be taken out of the estate to pay for fees and expenses incurred in the administration of the estate.

If you are concerned that the costs incurred on behalf of the estate are unreasonable, you can compel your brother as the executor and trustee of the estate to file and pass accounts.

Your brother as the trustee of the estate has a duty to preserve and invest the trust (estate) property. Your brother must act with reasonable care, diligence and prudence when making and managing investments and must exercise this duty in a manner that is authorised by the will, relevant legislation and court order (if there is any court order).

The duty to preserve the trust property means to preserve the capital of the trust. The trustee will thus be concerned to ensure that the capital value of the trust is maintained, and protected against inflation where possible.

The trustee should also secure the best income return from the trust assets.

Therefore the answer to your second question is yes, your brother should invest the proceeds from the sale of the house and an interest bearing account is one such investment option.
 

Sue Swindell

Member
26 December 2016
3
0
1
Hi Sue

Your brother can appoint a lawyer to help with the administration of the estate. The lawyer's and executor's cost can be taken out of the estate to pay for fees and expenses incurred in the administration of the estate.

If you are concerned that the costs incurred on behalf of the estate are unreasonable, you can compel your brother as the executor and trustee of the estate to file and pass accounts.

Your brother as the trustee of the estate has a duty to preserve and invest the trust (estate) property. Your brother must act with reasonable care, diligence and prudence when making and managing investments and must exercise this duty in a manner that is authorised by the will, relevant legislation and court order (if there is any court order).

The duty to preserve the trust property means to preserve the capital of the trust. The trustee will thus be concerned to ensure that the capital value of the trust is maintained, and protected against inflation where possible.

The trustee should also secure the best income return from the trust assets.

Therefore the answer to your second question is yes, your brother should invest the proceeds from the sale of the house and an interest bearing account is one such investment option.
Thank you for your information. Just wondering when I get the statement for distribution and if I don't like some fees or accounts. Can I have someone access the costs incurred to make sure all is correct as he has already cost me over 30,000 dollars in lawyer fees?

Personally, he is a very unhappy person and trying to make me pay for being main beneficiary of the estate. He has been quoted as saying "this is going to take years and years and it is becoming true."

It has been 2 1/2 years already!
 

AdValorem

Well-Known Member
20 August 2015
57
8
224
Perth
Hi Sue

Your question is if the lawyer's costs are reasonable. There is a special procedure about assessing lawyer's costs and you will have to seek legal advice about the process.