NSW Executor of Will Neglecting Responsibilities - What to Do?

[TriciaD]

Hello.

I am wondering if anyone can help me on the legal rights of my children whose father died in NSW (2014) when they were 16 and 17 years old and living separately in Victoria. The chosen executor of will (a nephew of the deceased) has repeatedly delayed progress, disputed twice and eventually won access to the superannuation for which the children were beneficiaries, and finally paid an amount of the superannuation into their bank accounts (late 2016) presumably minus whatever he saw fit to take for his own expenses.

I have no problem with legally approved expenses being paid for from the deceased estate however I have issue with the fact that the executor of will is not providing a statement of distribution to them and our contact with his solicitor twice by email has not even been answered.

Can anyone tell em if there is anything that can be done about this?

Thank you for your time.

 

[Lance]

Hi Tricia,


Your children should have received a distribution report with their payment from the estate.

If you send another email to the executor and their lawyer explaining your next step is to contact the Supreme Court for the executors failure to provide a distribution report with the release of funds from the estate. Then see what their response is. Your option then is to do just that, go to the Supreme Court.

 

[Sophea]

Tricia,

I agree with Lance, it is the executor's responsibility to distribute to the beneficiaries that which they are due together with accounts report. A solicitor will not dilly dally if you mention an application to the Supreme court.

 

[TriciaD]

Thank you so much Lance and Sophea. Would going to the Supreme court cost us a lot of money?

Thanks

 

[Rod]

Not if you win. You apply for a costs order at the same time so if you win, the other party pays a significant amount of your costs.

 

[Hayder Shkara]

Not if you win. You apply for a costs order at the same time so if you win, the other party pays a significant amount of your costs.

This is true. But costs are up to the court to award at their discretion. E.g. if they find that the executor and solicitor were at fault and want to really penalise them, they will award costs.

Both sides will argue that costs should or shouldn't be awarded. This is when having a good barrister helps. Let me know if you need one!