My mum passed away last November (2024). (My dad passed away in early 2017)
My parents had three children. Each child has two children (total of six grand children)
In 2007 my parents did mirrored Wills (in Victoria) before becoming grey nomads, the Wills had three Executors and three Beneficiaries - the 3 children.
The youngest of three children moved to NSW in the late 1990s to pursue her career. She ended up having a small farmlet in country NSW.
When my father could no longer could travel in 2014, my parents moved onto the farmlet, organising a granny flat.
Now we get to the issue/dispute I would really like help on.
Approx 18 months after my dad passed (late 2018), my mum did a new Will (with a solicitor) and the youngest child was made sole Executor, and all sorts of BS was put in the Will.
The problem we have is my youngest sister is that 'problem child'. She has chosen to use the solicitor for all communications as a go between.
Both my other sister and I are not using a solicitor, as there is actually very little financial gain for us (there is some jewellery and some sentimental family items). We have in our first communications indicated we are disputing the Will, and will seek Mediation if that becomes required.
We understand that every time we email the solicitor, or the solicitor emails us as instructed by the Executor - it adds to the costs that the estate will need to pay (and the estate does not have much in it at all).
How do we get a copy of the Solicitors Account/Invoice, and can we insist on seeing the progress amounts?
If we are not entitled to that, under what circumstance could we insist?
If the Executor communicates to us via the solicitor on a matter not part of the Will or Estate - does this give us a good reason to audit the solicitor account?
The matter are some War Medals that our Aunt would like returned to her - they were her Uncles (my dads Uncle), as children we never met the man who was awarded them. The Executor has acknowledged she has been the 'custodian' (her word) of these medals since the late 1990s. She is refusing to return them, and has used the solicitor to communicate with us on this matter, which is not part of the Will or Estate.
If anyone can assist on the best approach for us - without needing a solicitor.
While the Medals are just one thing, we really need to see that there are not other ridiculous amounts being charged - as the Will gives the youngest child permission to sell Estate items to cover legal costs.
We feel in a pickle. I believe the Executor feels they have all the advantages, and while we feel the Will my mum did was done under undue influence we have no way to really prove that, so can do nothing - and can only do legally what we can with everything else.
Thanks in advance for you help....
My parents had three children. Each child has two children (total of six grand children)
In 2007 my parents did mirrored Wills (in Victoria) before becoming grey nomads, the Wills had three Executors and three Beneficiaries - the 3 children.
The youngest of three children moved to NSW in the late 1990s to pursue her career. She ended up having a small farmlet in country NSW.
When my father could no longer could travel in 2014, my parents moved onto the farmlet, organising a granny flat.
Now we get to the issue/dispute I would really like help on.
Approx 18 months after my dad passed (late 2018), my mum did a new Will (with a solicitor) and the youngest child was made sole Executor, and all sorts of BS was put in the Will.
The problem we have is my youngest sister is that 'problem child'. She has chosen to use the solicitor for all communications as a go between.
Both my other sister and I are not using a solicitor, as there is actually very little financial gain for us (there is some jewellery and some sentimental family items). We have in our first communications indicated we are disputing the Will, and will seek Mediation if that becomes required.
We understand that every time we email the solicitor, or the solicitor emails us as instructed by the Executor - it adds to the costs that the estate will need to pay (and the estate does not have much in it at all).
How do we get a copy of the Solicitors Account/Invoice, and can we insist on seeing the progress amounts?
If we are not entitled to that, under what circumstance could we insist?
If the Executor communicates to us via the solicitor on a matter not part of the Will or Estate - does this give us a good reason to audit the solicitor account?
The matter are some War Medals that our Aunt would like returned to her - they were her Uncles (my dads Uncle), as children we never met the man who was awarded them. The Executor has acknowledged she has been the 'custodian' (her word) of these medals since the late 1990s. She is refusing to return them, and has used the solicitor to communicate with us on this matter, which is not part of the Will or Estate.
If anyone can assist on the best approach for us - without needing a solicitor.
While the Medals are just one thing, we really need to see that there are not other ridiculous amounts being charged - as the Will gives the youngest child permission to sell Estate items to cover legal costs.
We feel in a pickle. I believe the Executor feels they have all the advantages, and while we feel the Will my mum did was done under undue influence we have no way to really prove that, so can do nothing - and can only do legally what we can with everything else.
Thanks in advance for you help....
