Thanks for your enquiry. Our will disputes lawyers will be in touch within the next business day to assist with your enquiry. If your matter is urgent, please call us on 1300 580 413.
During the case assessment process, you stated that you disagree with an executor's decision. It is the executor’s job to act in the best interest of the estate. If you do not believe they are, you have the right to challenge and review their conduct in court.
The executor must administer the estate expeditiously and should report progress to beneficiaries regularly. Failure to do so can be a ground for removal of the executor from the position. If the payment of a legacy to a beneficiary occurs more than 12 months after the deceased’s date of death, the beneficiary is also entitled to interest on the payment from that time forward.
The executor might also be is in a position of conflict and if you feel he or she is benefiting themselves rather than looking at the best interest of all beneficiaries.
Unless they have been appointed to manage a will in a professional capacity, executors don’t usually get paid, but they are entitled to “commission” depending on the nature of the estate as agreed or as approved by the court.
You stated that you were unsure / don't know when the date of the deceased's death. Time limits might apply. You should obtain legal advice promptly.
Please call 1300-580-413 or email us today.
Based on the information you have provided us to date, and subject to the inherent limitations of this assessment tool, you have SOME prospects of success in a worthwhile application for a provision to be made for you from the deceased’s estate.
This assessment must not be relied upon as legal advice which can only be given when all circumstances have been carefully considered.
For a personalised assessment applicable to your particular circumstances, please call 1300-580-413 or email us today.