Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Further to my previous questions my husbands estate is still…

Hi - further to my...
Hi - further to my previous questions my husbands estate is still not settled.
Probate was granted in May 2012
My mother in law is executor and in my husbands will it states that if she is unable to fulfill this role Russell’s uncle Tony is appointed.
There was meant to be a family agreement drawn up but nothing has been forthcoming.
I have now got copies of tax invoices showing that the legal company has been having meeting with and phone calls to and from my sister in law and my mother in laws partner. They have been dealing with them rather than Carol. Are they able to do this? I believe they are Carols power of attorney but my husbands will states if Carol was unable to fulfill this role it was to go to Uncle Tony. Other invoices state “maps out risks and alternative” “strategic responses” “sort through information re privilege material”. On top of this funds that were from the sale of partnership assets that was deposited into this legal firm trust account were accessed without my permission. They have paid themselves $60,000 without my permission. The accountant advise me and I have a copy of the email stating that if the funds went into HHGs trust account neither myself or Carol could access it without the others written permission prior to any funds being expended.
I would like to know if I have grounds to remove Carol as Executor and have uncle Tony appointed as Russell stated in his will and if I can report the accountant for giving me incorrect advice resulting in thousands of dollars being spent from the lawyers trust fund without my approval.
I have been told that Carol is more than capable of carrying out her duties but her name is ***** ***** the invoices. I didn’t think a lawyer could discuss anything with other parties - this should have been Carol as Executor or uncle Tony and myself - instead both my sister in laws or my mother in laws partner names are ***** ***** tax invoice.
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 23 hours by:
3/25/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,450
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

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.

Ask Your Own Australia Law Question

As a beneficiary under the will you have a legal entitlement to question the actions of the executor. Where you consider the executor is not acting properly, you can apply to the Supreme Court to have that person removed, Carol, and then a new executor put in charge of the estate administration of your late husband.

Where you have been receiving incorrect advice from the accountant and other parties that are no in the best interest of the estate and in accordance with the instructions under the will, this will ad support weight to have the current executor removed.

You do have power to protect your rights as a beneficiary and the estate assets as well.

Where you want to have the current executor removed it is recommended that you engage a lawyer too issue the formal paperwork with the executor and to the Probate division of the Supreme Court.

You may also run this acton in the Supreme Court yourself as well.

If you need any further information please let know.

The law will protect you in this matter.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

Ask Your Own Australia Law Question
Customer reply replied 1 month ago
Thank you - this issues has been dragging on for years - it is causing me a lot of stress and anxiety.
Do you believe that I have reasonable grounds to replace her with Uncle Tony. Also can a legal firm deal with parties other than the Executor and use trust funds without my approval?

on the facts you have described, you have very good grounds to replace Carol over to Tony.

The law will protect you as beneficiary of the estate.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,450
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Phone call session started

calling

Ask Your Own Australia Law Question
Was this answer helpful?
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,450
2,450 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
I hope I'm in the right place. I was wondering if we have a
Hi Pearl, I hope I'm in the right place. I was wondering if we have a case against Dodo internet. We moved houses in March and were supposed to be connected to the internet on 23 March. We still have … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I feel that I've been bullied at work by a boss .. that I
I feel that I've been bullied at work by a boss .. that I contract to .. what can I do ? … read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
If an Australian person overstays in Malaysia what is the
If an Australian person overstays in Malaysia what is the penalty/fee applied until the leave that country? … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I have a question regarding adult adoption in NSW. Is it
Hi, I have a question regarding adult adoption in NSW. Is it possible to adopt a non Australian citizen? I have been raising my step daughter for the past 4 years. I was in defacto relationship with h… read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
Are you able to get out of a agreement with a partnership in
Are you able to get out of a agreement with a partnership in a small business With out any high costs involved. As the other party is running the shop and has paid out for stock etc. I am working full… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I had a mediation with my lawyer and my ex-husband. He wants
I had a mediation with my lawyer and my ex-husband. He wants my 12 y old to spend time at his current place and stay overnight but she doesn't want too. It has been going for 2 years I have been bulli… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I am being pursued for a debr that i dont think is fair. WA
Hi I am being pursued for a debr that i dont think is fair … read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
I was wondering if there is any way that a person who has
Hi, I was wondering if there is any way that a person who has paid direct debit to a scammer was able to regain their money? … read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
I have two cars under finance they are under my husband's
I have two cars under finance they are under my husband's name, and we got a letter from the finance company that they want to repossess vehicles the original loan amount was for $24000 now the remain… read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
I accidently insured my holiday in Australia instead of
I accidently insured my holiday in Australia instead of international, couldn't change it, however my Qantas flight to Brisbane was cancelled. The insurer was Qantas, and l had to go the day before, s… read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
I was purchasing a motor car through a dealer from Brisbane
I was purchasing a motor car through a dealer from Brisbane motor dealer auctions. We paid 1600 dollars in deposit and holding fees and a transport fee that they required in advance. We were unable to… read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
I was given a written notice of pleading to fill in if I
I was given a written notice of pleading to fill in if I dont want to attend court and if so, what affect it has … read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
Tina my partner past away 1mth ago. we were in a defacto
hi tina my partner past away 1mth ago. we were in a defacto relationship for 4 years and iknew nothing of his financials and i dont speak with the family. how can i find out if he had any thing in his… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Below mentioned email is a response from a land agent when I
HiBelow mentioned email is a response from a land agent when I enquired about sharing 50% of the water bill payment during the summer period. I have been genuinely taking care of the garden and mainta… read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
We leased a broodmare but contract was never signed. We paid
We leased a broodmare but contract was never signed. We paid for the up keep of horse and service fee for foal and expenses for foal. We registered the foal in our name with racing aust. The deal was … read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
In the WA tenancy act it states that my landlord has 14days
In the WA tenancy act it states that my landlord has 14days from the day my tenancy ended to arrange final bond inspection. … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I am the Defendant and the Plaintiff's lawyer sent me a
I am the Defendant and the Plaintiff's lawyer sent me a Consent Order with the following, what's the best move?: 1. The Notice of Motion filed by the Defendant on 20th of March 2018 be dismissed 2. Th… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
An I talk on the phone ratheer plz...> can. Gold coast QL.
Everything except court... medistion with QCAT 3 dys ago... a disaster... I do not want to continue with them … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x