Success in defending allegations of misappropriation and attempted removal of an Executor

Published 14 Jan 2014

Author: Richele Nelsen

A mother of three dies, leaving a Will in which she appoints all three of her children as Executors and equally divides her Estate between them. The oldest daughter had cared for her mother in her older age and had Power of Attorney over her finances and affairs. She assisted in the sale of her mother’s home so that the funds could be used to pay for her aged care facility. Little did she know that it would lead to allegations of misappropriation and attempted removal of her role as executor.

The two other children were unhappy when they found out their mother’s Estate was only worth approximately $100,000.00 when she passed away. They then made allegations against their eldest sibling suggesting that she had misappropriated funds from their Late mother’s Estate. Threats were made that if the older sister did not resign from her role as Executor and forego any entitlement she had in the Estate, they would commence Court proceedings against her in relation to the alleged misappropriation.

The eldest daughter approached GMP Contesting Wills Lawyers as experienced Will dispute lawyers. We were able to take on the case and put up a fight against our client’s greedy siblings. Through the drive and determination of the Will dispute team, we were able to successfully defend our client’s position as Executor and Beneficiary. Our experienced staff were able to put forward our client’s position and aggressively defend the allegations against her to the point where her siblings decided against commencing Court proceedings and withdrew their allegations.

Our client was able to continue in her role as Executor and receive her benefit from the Estate of her Late mother.

If you have an enquiry about contesting a Will or other Will dispute matters, contact Gerard Malouf & Partners today and speak with our experienced staff.

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