QLD Executor of Will - Fraudulent Behaviour?

[vanessa72]

My uncle was taking money out of my nana's (his mother's) bank account via internet banking.

Nana found out about this and called a family meeting in which his 3 sisters attended, but he declined.
Nana was very distressed over the thought of her own son taking advantage of the position of executor of will and guardianship over her money.

Just a couple of weeks after this meeting, nana's health declined and she passed away. Nana never got a chance to do anything about the stolen money.

Now my uncle is the executor of the will and power of attorney. He is stating that the money that he transferred from nana's bank account to his was a gift.

My aunties (his sisters) are upset that he is getting away with ripping my nana off.

Is there anything my aunties can do legally now to make him pay back the money?

 

[winston wolf]

How much is the amount he took compared to the total estate?
Do you think he will behave in administering the will?

 

[vanessa72]

In relation to the whole estate.

Its about 10%.

And he is saying its was a gift.

 

[winston wolf]

Unfortunately these things are hard to prove, gift verses theft from someone she trusted enough to be executor of her will.
The cost may not justify the result.

I think the bigger question is what his behaviour will be as executor.
To remove an executor is an expensive exercise and the whole estate would pay the bill.

FYI "Now my uncle is executor of the will and power of attorney." The power of attorney ended when your mother passed.

 

[Jacqui Brauman]

There might still be some grounds to have the Office of the Public Guardian investigate your uncle's behaviour whilst he was the attorney. Once your Nanna died and he's the executor, he's answerable to the court and needs to account to the court for what he does. But whilst he's power of attorney, it's up to the Public Guardian to make sure elderly people aren't taken advantage of. The Public Guardian might be able to take him to task through an investigation, and it hopefully won't cost you anything. Have a look at their website and about how to make a complaint or report.

 

[vanessa72]

There might still be some grounds to have the Office of the Public Guardian investigate your uncle's behaviour whilst he was the attorney. Once your Nanna died and he's the executor, he's answerable to the court and needs to account to the court for what he does. But whilst he's power of attorney, it's up to the Public Guardian to make sure elderly people aren't taken advantage of. The Public Guardian might be able to take him to task through an investigation, and it hopefully won't cost you anything. Have a look at their website and about how to make a complaint or report.

Thank you for this information.
I will look into it.