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My husband had just made his will. He appointed his cousin…

Customer Question
Hi, my husband had...

Hi, my husband had just made his will. He appointed his cousin as the executor.. my husband had also left $200,000 to his father which is owed to him. As we were advised as soon as we children, the debt will be removed. My concerns are that my husbands farther is also related to the executor. Is this a conflict of interest.. as I was advised I the will that I would receive the residue of the estate..

Lawyer's Assistant: Has any conflict of interest been documented or proven?

Well, when the will was getting written up, it was the parents wishes to have my husband owe the money in his will, until we had children. A caveat was also removed from my husbands home that was mortgage by my father in law...the will was made to keep his parents happy. The only thing I am not happy with, is the executor and his firm having any control...

Lawyer's Assistant: What documents or supporting evidence do you have?

My husbands will, the discharge of the mortgage, and a copy of the caveat..

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

Basically all I want to know is it a conflict of interest????

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/19/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,335
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 4 months ago

based on the description you have provided, there is no conflict of interest under the will at this time.

does this answer your question today ?

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Customer reply replied 4 months ago
Ok Great, can we change the executor as per my husbands request..
Customer reply replied 4 months ago
No phone calls
Solicitor: John Melis, Lawyer replied 4 months ago

if the executor is not acting properly, you can place them on notice, and if they are still refusing to act, you can apply to the Supreme Court to have them removed.

Beneficiaries have a legal right to protect the estate when the executors have failed to do so.

Have I answered your important question today ?

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