NSW What to Do with Difficult and Dominating Executor of Will?

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Kaina

Active Member
15 November 2017
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31
I am one of two Executors of our late mother's Deceased Estate. My late mother passed away May 2016. This property was purchased in 1976 by our now late parents. In May next year (2018), it will be the second year anniversary of our late mother's passing. Will this property have a Capital Gains Tax applied to it? What does the Law in NSW Wills and Estates say when one Executor makes it very difficult for anything to be achieved and continuously counters anything that I have requested in relation to complying with the Terms of the Will?

My older brother and I are the two Executors / Beneficiaries of our late mother's Deceased Estate. We are now at the two and half year point of this Estate matter and the Estate has still to be wound up and distributed. However, whenever there is some ground gained and we move forward my older brother will "stick his foot in the door", and counter anything I have requested, (up until now).

Probate was granted early this year 2017 after having taken ten months when the process could have taken just two or three. I do not own any property except to say that the Certificate of Title bears my name and my brother's name when Transfer of Title was completed. This house is all I have to live in.

The Terms of the WIll state that I have a right of residency and may live in this house until such time that I am wanting to sell. It is therefore up to me when the house goes on the market (again the Terms of the Will). There is far more to this matter however I thought it best to just keep to the most salient points of this Estate matter.

My question is:

When one Executor of Will acts to frustrate the progress of the other Executor who seeks to have the Estate completed and wound up in the shortest period of time, what does the Law in NSW Wills and Estates, say that can be done? Is there any disciplinary action that is taken on the one Executor that continues to counter or argue or simply act with delaying tactics?

I have read some of the threads on this website and it appears that there is no end of Executors "acting badly", causing unnecessary grief and frustration to those who seek to abide by the law and the Terms of the Will for which they represent the Testator.

Many thanks.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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One option available to you is have a lawyer write a letter reminder your brother that executors have specific legal duties and that a breach of these duties can mean he is personally liable for any damages as a result of his breach. You may want to throw in an example or 3 of his breaches.
 

Kaina

Active Member
15 November 2017
12
0
31
One option available to you is have a lawyer write a letter reminder your brother that executors have specific legal duties and that a breach of these duties can mean he is personally liable for any damages as a result of his breach. You may want to throw in an example or 3 of his breaches.

Hi Rod, thank you for your reply. Apologies for not getting back sooner. Happy Christmas and New Year 2018