NSW Executor / Estate Attorney Demanding Beneficiaries Sign Statutory Declarations in order to Receive their Distributions from Estate

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NinjaFlyer

Well-Known Member
23 October 2020
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Just updating this thread for completeness in case anyone still interested:

1. I rejected Executor's request (via Estate Attorney) to sign waivers regarding bankruptcy and prior pledging of estate assets as security for debts.
2. Both matters can be adequately searched via public databases for minimal cost ($15) and doing so provides far greater protections to Estate/Executor than any reliance upon any waiver or declaration on the part of an estate beneficiary.
3. My beneficial interest in the estate was distributed with only perfunctory delay following settlement of deceased funeral expenses.
4. I didn't get any push-back on my position from the Executor or estate attorney because... there was no legal basis for the requests for waivers and declarations anyway (just attorney trying to goose his billable time no doubt).

The punch line... In NSW there is no obligation on the part of estate beneficiaries to sign waivers or to make declarations in order to receive their beneficial interest in a deceased estate. Don't be bullied into doing this by an estate attorney because there is no legal basis for it.

Happy 2021 folks...!