My father died many years ago in NSW and my brother was

One of the main aspect of estate administration is the the distribution of the estate or interim distribution.

The estate cannot be distributed until after 6 months form when the grant of probate is given.

This 6 month period is to allow any claims to be raised against the estate.

Once the 6 months has passed the estate can then be distributed, if it has all be called up, meaning brought in ready for disbursement and there are no claims raised against the estate by creditors, court actions or fakir provision claims.

If the estate is large in size sometimes the estate administration will take longer, but usually they are over within 12 to 24 months.

There are occasions where interim payments needs to be made under urgent matters, such as living expenses, medical fees etc but these payments are at the discretion of the executor.

However, if a beneficiary is urgently needing a payout they can present their case to the executor of the estate for consideration for an early part payment.

The personal representative, executor, may make an interim distribution when there is a surplus of assets compared to anticipated liabilities. Assets must be retained by the personal representative to meet those anticipated liabilities.

Where you consider the executor is not acting properly in regards ***** ***** the estate, that is calling in the property, selling investment the monies correctly etc. you can place the executor on notice through a lawyer; or if there are serious issues of protecting the estate, you can raise a claim in the probate division of the Supreme Court to have the executor removed.

Where an executor has not acted properly they may be liable to the beneficiaries of the estate for any losses.

You have a legal right to make a interim claim for funds if needed.

Would you like to consider this option.

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The law in principle is all the same for Probate and the duties of the executor of the estate.

Yes you can write a letter of demand.

Where the executor fails to act on the same, you will need to bring and action into the Supreme Court, probate division,

This is a big estate size, and the beneficiaries have a right to raise a legal claim