Preface: To avoid wasting anyone's time the following needs to be disclosed. The following is a bit lengthy but I have experienced submitting brief outlines always result in a 'more information please'. I understand the difficulties inherent in having an executor removed. I also understand the process of the Supreme Court and what forms are required. I also have sought estimates of cost and recognize it is an expensive process, beyond my means, unless I take action as a self-represented litigant (I am on a disability pension but have self-represented in other matters, with success, and remove my emotions and focus on presenting the salient matters to the Court.) I have also exhausted all avenues for assistance through community legal services, citizens advice (although they may be able to provide assistance with completing documentation) and law access. The following is the preamble. Some supporting documents are at hand.
Given that, and the following background, any thoughts on the matter would be appreciated.
Time-Line:
My brothers and I were executors to my late Fathers Will.
Father passed away August 2013.
My Mother was his sole beneficiary.
My Brothers were joint and several substitute attorneys under an EPA my Parents had in place.
SAT ordered they provide bi-annual accounts with all supporting documents in March 2014.
They did not comply with that order.
My Mother passed away April 2017.
All three of us are executors to my Mothers Will.
Since that time attempts to negotiate equitable finalization of the estate have been unfruitful.
They have not addressed proposals put to them and intimated court action. I acknowledged their right to do so but have not proceeded.
Issues:
The core of the matter is two Executors, working in collaboration with their best interests aforethought, are the stronger party, and unwilling to cooperate with me in achieving a timely, orderly and equitable outcome. There is a sufficient body of evidence, to prove that:
A. Monies they have debited to the Estate to meet their personal obligation be accounted for.
B. Benefits they have enjoyed from the Estate be considered in the settlement.
C. They meet outstanding Levies, cost and repairs and maintenance which have accrued during one executor's sole occupancy of the property.
D. Ascertaining the true value of the Estate taking into account the assets they have gifted and sold to accommodate themselves and not deposited the proceeds of the sale into the Estate bank account.
Their conjecture seems to be that they were entitled to past and continued benefits and seek to protect that situation where:
1. They enjoy the property rent-free.
2. They expect the Estate to pay for debts they have accrued on the property.
3. They expect the Estate to pay for their neglect of the property.
4. They expect not to repay personal expenses they have satisfied from the Estate funds.
5. Proffer to purchase the property at favourable terms and conditions for themselves.
Therefore, it is my view, that my co-executors have not managed the estate in accordance with their obligations as Administrators and now, as Executors, seek to finalize the Estate without accountability and equity. Since they have not pursued the option of legal action as they have proposed, nor satisfied any of my requests and/or negotiated on any of the points I have raised with them, suggests they have considerable misgiving about Court intervention, more to hide, than I am aware of, and fear the consequences.
I am of the strong view that my filing an application to have the other executors removed (although there is some strategic merit in removing one only) and obtaining discovery will be sufficient to have the case manager set the matter aside and order a mediation hearing so they are motivated to focus on the issues and not subvert that with extraneous matters, as has been the case in the past. Resolving the matter that way is my primary objective over going to Court. And, yes I have exhausted trying to negotiate a resolution by other means.
Given that, and the following background, any thoughts on the matter would be appreciated.
Time-Line:
My brothers and I were executors to my late Fathers Will.
Father passed away August 2013.
My Mother was his sole beneficiary.
My Brothers were joint and several substitute attorneys under an EPA my Parents had in place.
SAT ordered they provide bi-annual accounts with all supporting documents in March 2014.
They did not comply with that order.
My Mother passed away April 2017.
All three of us are executors to my Mothers Will.
Since that time attempts to negotiate equitable finalization of the estate have been unfruitful.
They have not addressed proposals put to them and intimated court action. I acknowledged their right to do so but have not proceeded.
Issues:
The core of the matter is two Executors, working in collaboration with their best interests aforethought, are the stronger party, and unwilling to cooperate with me in achieving a timely, orderly and equitable outcome. There is a sufficient body of evidence, to prove that:
A. Monies they have debited to the Estate to meet their personal obligation be accounted for.
B. Benefits they have enjoyed from the Estate be considered in the settlement.
C. They meet outstanding Levies, cost and repairs and maintenance which have accrued during one executor's sole occupancy of the property.
D. Ascertaining the true value of the Estate taking into account the assets they have gifted and sold to accommodate themselves and not deposited the proceeds of the sale into the Estate bank account.
Their conjecture seems to be that they were entitled to past and continued benefits and seek to protect that situation where:
1. They enjoy the property rent-free.
2. They expect the Estate to pay for debts they have accrued on the property.
3. They expect the Estate to pay for their neglect of the property.
4. They expect not to repay personal expenses they have satisfied from the Estate funds.
5. Proffer to purchase the property at favourable terms and conditions for themselves.
Therefore, it is my view, that my co-executors have not managed the estate in accordance with their obligations as Administrators and now, as Executors, seek to finalize the Estate without accountability and equity. Since they have not pursued the option of legal action as they have proposed, nor satisfied any of my requests and/or negotiated on any of the points I have raised with them, suggests they have considerable misgiving about Court intervention, more to hide, than I am aware of, and fear the consequences.
I am of the strong view that my filing an application to have the other executors removed (although there is some strategic merit in removing one only) and obtaining discovery will be sufficient to have the case manager set the matter aside and order a mediation hearing so they are motivated to focus on the issues and not subvert that with extraneous matters, as has been the case in the past. Resolving the matter that way is my primary objective over going to Court. And, yes I have exhausted trying to negotiate a resolution by other means.
