Hi there,
I hope someone may help me with this matter.
My late mother passed away in May 9th 2015. Probate was completed in November 19th 2015. All assets were to be left equally between the two beneficiaries, my sister and myself. . However, under probate I was the nominated the executor. This was agreed to by my sister. There were shares, cash and my late mother's home. Monies and share were divided equally. The home was sold 29th April 2017. This fell within the 2 years that the Australian Tax Office will waive Capital Gains Tax etc. No income was generated from renting the home.
The home was auctioned and sold. However, some 12 to 18 months ago I had booked a holiday to the Philippines so we could see my wife's family and friends. I left in March 2017 for 4 weeks.
I had read various articles that the executor is able to nominate a person to take over my responsibilities, if the executor was unable to carry out his or her duties, for a short period of time. Additionally, the executor is able to pay that person for their time.
Question
Is there any legal document that states an executor can nominate a person to take over the responsibilities and pay them for their services?
Reason for asking the question
The other beneficiary, my sister, is not in agreement in paying the invoice that was presented by this person who looked after the estate while I was away. The reason given by my sister, was that this person did not have a ABN and not registered as a business. I would like to know that I have some legal grounds / precedent / NSW legislation that allows an executor to carry out is duties.
Thank you for your kind assistance.
Erwin
I hope someone may help me with this matter.
My late mother passed away in May 9th 2015. Probate was completed in November 19th 2015. All assets were to be left equally between the two beneficiaries, my sister and myself. . However, under probate I was the nominated the executor. This was agreed to by my sister. There were shares, cash and my late mother's home. Monies and share were divided equally. The home was sold 29th April 2017. This fell within the 2 years that the Australian Tax Office will waive Capital Gains Tax etc. No income was generated from renting the home.
The home was auctioned and sold. However, some 12 to 18 months ago I had booked a holiday to the Philippines so we could see my wife's family and friends. I left in March 2017 for 4 weeks.
I had read various articles that the executor is able to nominate a person to take over my responsibilities, if the executor was unable to carry out his or her duties, for a short period of time. Additionally, the executor is able to pay that person for their time.
Question
Is there any legal document that states an executor can nominate a person to take over the responsibilities and pay them for their services?
Reason for asking the question
The other beneficiary, my sister, is not in agreement in paying the invoice that was presented by this person who looked after the estate while I was away. The reason given by my sister, was that this person did not have a ABN and not registered as a business. I would like to know that I have some legal grounds / precedent / NSW legislation that allows an executor to carry out is duties.
Thank you for your kind assistance.
Erwin