NSW Who Should Public Trustee Deal With?

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6 December 2016
My uncle who recently passed away has his will held with the public trustee. I have not seen a copy of it yet, so I do not know if they are also appointed as executor of will. I do know that myself and my siblings are named beneficiaries in the will. However, my mum - his sister, has taken over control of everything and making decisions without really consulting us. I do know that she is not executor or named in the will.

So my main question is - who should the public trustee be dealing with? Is it us, as beneficiaries? Does mum have any legal right to be dealing with them?


If she is not a beneficiary, your mother would have limited rights in relation to the estate. The executor is under strict responsibility to ensure that the estate is distributed in accordance with the will, so whoever that is should be ensuring that all assets are collected and protected from any interference from your mother (if that's what you are concerned about).