My sister in law was executor of my father in law's will after having power of attorney for approx 3 years prior to his death. The beneficiaries were his 3 children, including my husband and the executor. My father in law died April 2012 and distribution was finally made in June 2014 due to my sister in law not putting his unit on the market for some time after his death. She (executor) engaged a solicitor as she felt hassled by her brothers. When distribution was about to take place, it was discovered she had not completed any tax returns since having power of attorney. My father in law was in receipt of age pension and had a few shares so the tax returns would have been very simple. Approx $12,500 was kept as contingency expenses to pay accountant and any tax owing. The solicitor at the time told me these expenses were probably over estimated and payment of up to $2000 could be paid to each beneficiary. The beneficiaries had to sign a document saying they would not make further claims against the executor (I believe that this may not necessarily be legally binding) except provision was made for any excess contingency expenses to be paid as soon as practicable. It is now over 4 years later and we have heard nothing. We wrote to my sister in law in February and all we heard was she had engaged a solicitor. We wrote to her again in May and she advised she had forwarded the letter to her solicitor. How do we make her disclose details of the tax returns and pay my husband any money he is due? Surely she is liable to pay interest as it has be been more than 4 years.
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