VIC What legal and other administrative costs are claimable?

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19 September 2017
Hi, I am a co executor of my late fathers estate. My brother is my co-executor, and we do not get along at all which has made the probate time blow out nearly to 2 years. The Will is finally about to be probated and my brother has disagreed to me being reimbursed ANY administrative expenses at all.
I have incurred costs relating to paying all of the rates, electricity, gas and insurance on the property, totalling $4,500 thus far.
I have also incurred legal costs, where my solicitor contacting his solicitor frequently trying to get my brother to move to start probating the Will. Barely ever recieved any replies, a lot of twoing and frowing, but the costs added up enormously. He states this is my own personal costs, I say it is the estates as I've been trying to start probate on the Will.
He has also pulled out of four probates with different solicitors, where I have paid the deposits - he states the estate is not liable to reimburse me back either.
The property my brother took possession of immediately, not paying one cent for living there to the estate, he says as he is inheriting it that is fine. Even though I have been paying the expenses of upkeep for it, he still states no I'm not being reimbursed.
What legal fees is one entited to be reimbursed for?
Is it solely for the actual probate that happens?
Is it for legal advice also regarding the situation?
I thank you for your time in reading this.


Well-Known Member
26 July 2017
Hi Fleeced

Have you both applied for probate? If you are one of the executors, you are entitled to be reimbursed by the estate for any amounts you have paid on behalf of the estate, provided they were appropriate amounts.

There are a number of ways one can approach a conflict between co-executors. You should discuss with your solicitor what you would like to achieve so he/she can propose the best solution for you.