QLD Sister executor of will and removing items of value

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

AFJ

Member
3 June 2018
2
0
1
my sister in law is the executor of her fathers will. He is still alive, however has terminal cancer. Over the past weeks since finishing out that he is terminal, she has been removing everything of value from the house. Her husband, who is not named on the will, wanted all his tools, so she took a truck up and removed all of the tools he wanted this weekend.
Although the will states that everything is to be split 3 ways across my husband and his 2 sisters, the executor is now naming her foster son, husband and son as getting items.
It has reached the point where my husband wants to be removed from the will, as she has taken anything of value and has told the small community that their father lives in that they can all go and take items when he passes.
He doesn’t have a lot of value, and with her taking everything it will mean not only will my husband get nothing from the estate, we will have to pay his debts as he has no life insurance etc.
How can my husband be removed from the will?

I realise that what his sister is doing is against what she should be doing as executor, but my husband doesn’t want to pursue this.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
but my husband doesn’t want to pursue this.

This is your problem. And she probably knows this. Else a legal letter to her would be the solution saying she becomes personally liable for all losses your husband incurs as a result of her breach of duties including your court costs.