NSW Can Grandchildren Take Over as Executor of Will?

[deano94]

Hello everyone,

So my grandfather became very sick a few months ago and sadly he is no longer able to care for himself. It would be best for him to be put into private care at a nursing home for the care and quality of life he deserves. Unfortunately, my auntie is in control of what happens with him and his house/money (I think she is the executor of will, if that's the right term) and sadly she currently has him living with her with no extra professional care and doesn't care for him herself.

Unfortunately my auntie just wants all the money from selling off his house once he passes and doesn't want to waste it on a nursing home or carer which is disgraceful. It's been so long now and my grandfather still isn't getting any appropriate care.

Is it possible for myself and my siblings, as grandchildren, to take our auntie to court to become in control of our grandfather and his assets so we can finally get him the care he needs? We also have a father who is our grandfather's son, so would it be better if he went to court? He seems like there is nothing he can do about what his sister is doing as she is executor.

Any suggestions or help would be much appreciated! We just want what's best for our grandfather

 

[Lance]

Hi Dean,

So your Aunty probably has enduring guardianship. It just means she can make all health, financial and lifestyle decisions for your grandfather. She may well be assigned as the executor when your father passes as well.

You can request the NSW Civil and Administrative Tribunal (NCAT) to undertake a review of the guardianship orders. Anyone can request the review but they need to make sure that there is a valid reason or NCAT will find no valid reason to warrant the review.

Here is some information on how to apply from a review http://www.ncat.nsw.gov.au/Documents/gd_factsheet_reviews_and_appeals.pdf