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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22980
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My brother is sole executor to our mothers will. She passed

Customer Question

My brother is sole executor to our mothers will. She passed away nearly 2 years ago. Probate was granted after 6 months. He has sold the house but seems to be stalling with the settlement. Is there a timeframe or could he spend years before the family beneficiaries can receive their lecacy. It is causing a lot of problems within the family.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

Normally an estate should be wound up within about a year for a simple estate. If there was a problem selling the house then once it was sold, the proceeds should be distributed fairly quickly, so there is no reason for delay. There isn't a precise period, but certainly this does appear to be excessive. Usually the lawyer acting for the estate should ensure that the estate is distributed in terms of the will, and if the fault is with the lawyer then you can complain to the Law Society. So I suggest you contact the estate lawyer and say you will complain unless something is done or the problem explained