Legal Question in Wills and Trusts in Australia

Executors obligations
My mum died 18 months ago and left everything in her will to me and my two brothers. My oldest brother is the executor of the will and he lives in my mums house. He wants to buy our shares of the house but basically hasnt the money to do so. He recently made us a ridiculous offer and when we refused he got mad and told us that was his final offer and to see a solicitor. He also said that he isnt going to give us any money for the contents that are in the house. We went and saw the solicitor handling the will who said that my brother cant do what he is trying to do. He wrote him a letter telling him he wanted to see him but my brother just ignored the letter. The solicitor has told us to go and see another solicitor to get things moving. What I want to know is - what are our rights - someone has told me that he may be able to live there forever and not give us anything.

Asked on 5/16/01, 8:24 pm

Michael Lipshutz Cohen Woolf & Weinberg

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Re: Executors obligations

I am not sure where you are. I am a Solicitor in

Melbourne Australia, but the law in this type of case

is similar over most of the english speaking world.

The Solicitor for the estate must act for the estate

which he does through the Executor. If your brother

as Executor is refusing to administer the Will then

you need to consult your own lawyer and make application

to a Court to have him removed.

Answered on 6/22/01, 8:46 pm

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