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An you assist me as a Beneficiary, Western Australia, Yes,

An you assist me...

An you assist me as a Beneficiary

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Western Australia

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Should it be a legal requirement that the Executor of the Will informs the beneficiaries if an offer has been put on the house estate....we were not informed and the offer was rejected

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Answered in 5 hours by:
3/9/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,271
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Morning

As a beneficiary the executor does not have to discuss what the offer is on the house.

If the will allows the executor to sell the house then they can sell it.

If you think the executor is not complying with the will you can make an application to have them removed.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 1 month ago
Good morning Leon
Thank you for your response. My mother passed away on 12/7/16. My sister and my mothers accountant are the executors of the will. We were told that there had been a delay in filing for Probate (25/5/17) due to the fact that there were a lot of deaths at that time and the executors were waiting for the death certificate to be issued. We have since been notified that the death certificate was issued to the Funeral Director on (23/7/16). We are being lied to, while my mothers estate is dwindling in value. My sister is living in the home, paying just $300 a week (market approx. $450). To date my brother and myself have received nothing. Can we do anything??

What state of Australia are you located in?

You and your brother will need to get your own Solicitor.

If the executor is failing in their duty then you can file an application to have the executor removed and yourselves appointed as administrators.

The Solicitor you hire will have to send a letter to the solicitor acting for the estate and advise them of the issues and if they fail to file immediately then you will be making the application and holding the executors liable personally for the costs

If you let me know what state you are in I can give you the details of the Law Society so you can get a referral.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,271
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 1 month ago
Hi Leon
Sorry for the delay over the weekend. I live in Western Australia. Thank you for your advice. I believe my sister and accountant have been failing their duty as executors. Could you confirm if it is legal for my sister to be using money from the estate to pay for her personal utility bills? Is it legal to have income derived from the estates property asset deposited into a bank account that she held in her name? These issues along with many others are extremely concerning for us.

Good Morning

She cannot be using money from the estate for herself. She has to hold it in trust for the estate.

The account has to be in her name on trust for the estate not her personal name alone

What she is doing id wrong.

The Law society of WA website is as follows

https://www.lawsocietywa.asn.au/

All the best and good luck.

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Customer reply replied 1 month ago
Hi Leon
Thank you so much for your professional assistance.
Kind regards

Good Afternoon

All the best and good luck

Regards

Leon

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Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,271
46,271 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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