Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:


AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Untrustworthy tustee, dont know where to go from h

 Post Reply Post Reply
  Topic Search Topic Search  Topic Options Topic Options
Kategibson View Drop Down

Joined: 12/August/2017
Location: Australia
Posts: 1
  Quote Kategibson Quote  Post ReplyReply Direct Link To This Post Topic: Untrustworthy tustee, dont know where to go from h
    Posted: 12/August/2017 at 02:52
Ill try not to give any unessasary info, but there has been so much that has happened that it really needs to be explained.

So, My Nan sadly passed away in feburary after a long battle with various illnesses, my dad had passed away 6 years ago so that only left his astranged sister to take care and organise what had to be done.Well she doesnt deal well with stress or making decisions or basically being able to function properly in a situation like that. So my sister and I organised the whole funeral, wake and everything that came with it. Which i was more then happy to do it. Anyway, in the week leading up to the funeral my aunt and my cousin started going through and sorting out all of my nans possessions. Now i want to add here that i offered for 7 days in a row to go down and help out but she refused, id also like to add that it was quite common knowledge in our family that my nan had a draw with quite alot of money in it. Anyway so the day after the funeral my aunt finally asked me and my siblings to come down and see if there was anything that we wanted. As we arrived we saw a massive skip bin full of stuff, while walking past we noticed that everygift we had made or brought, every photo of us she had had all been chucked in this skip bin and broken. All that was left in the house was 3 old towels, a toasted sandwich maker and a garden knome, and thats what she offered us. My Aunt had all ready sent all the furniture in a truck back to where she lives, she had sold the fridge, freezer, washing machine and dryer online, gifted my nans car to someone and also given away alot of other things. The day after this i got a call from my cousin telling me that my sister, brother and I had actually been named as benificiarys as my father had already passed away and my Aunt had been named as a beneficiary and the trustee/ executor of my nans will. For the next 3 days my aunt ignored all of our phonecalls, emails and text messages for 3 days after she found out that we were in the will. So we just turned up at my nans house and my Aunt was dirty, she was so angry that we were entitled to between the three of us half of my nans livleyhood. She just didnt think that was fair or that we deserved it, she was rude, nasty, and said alot of horrible things about my mum, my dad and my grandmother. Another vital peice of the story is that about 6 months before my nan passed away my nan gave my Aunt quite a substantial amount of money (my family never knew about this until after my nan passed) but we have Been told my my nans 2 sisters and best friend on seperate occassions that it was around $200 000. Now I dont know if i believe it was quite that much, but my Aunt told us that she had only been given roughly the amount it would cost for a funeral.

This sum of money was given to my Aunt in the event of my nan needing to go into a care vacility, anything she needed, her eventual funeral costs etc. While we were at the house my sister was sneaky enough to see poking out of her bag a letter with a law firms name on it and took note of it just incase. After another week had passed and we hadnt heard anything from my aunt or any of them.

So considering we had no answers, we didnt know what was going on, and we hadnt been contacted by a lawyer i called the law firm and after my identity had been proven and after me calling the firm for 4 days in a row and each time there was a different excuse and he would call me back, which he didnt. He ended up taking my call on the 5th day and then he informed me that he couldnt talk to me or give me any information because as my Aunt was the trustee of my nans estate that made him her solicitor and that would have been a conflict of interest. Now i had some basic knowledge about how things were ment to happen and i just couldnt understand why he couldnt give us information that we were entitled to, because I was and still am under the impression that. That is actually exactly what he is meant to do. So after i was told all of that we ended up getting our own legal advice which we were told that all the benificiarys should have already sat down and been read the assests that were ment to be divided etc. After explaining about her taking most things or giving away etc we were then told to write down everything that she had taken for for herself, what she had given away or sold and how much it was all worth and include the money that my nan gave her for her care because seen as my nan never got around to use it thenit would go back in as part of h er assests. So legally she now owed us the munortary value of half of my nans possesions. Well that letter wasnt received well. I got many abusive messages and it ended in her not wanting anything to do with us ever again, which was no loss to any of us seen as id only ever seen her about 4 or 5 times in 26 years.

So about another 2 weeks pass and we still hadnt gotten any information, so I rung the law firm again, 2 days later i got a call back from them telling me that my Aunt had cancelled her situation with them and was going to find someone else to handle it this was around mid to late March, and I have not heard anything from the new solicitor or her.

I would assume that around 5 months would be ample time to
Im under the impression that the trustee is in charge of making things fair, equal and legally bound to be honest?

These are my opinions on everything shady and dishonest that she she has done. Not to mention braking the law.
1. I think she was the reasoning behind the first solicitor not doing what he was ment to, or maby i have it wrong and theres not meant to be a meeting and we are not ment to be told about what assets my nan had??
2.I also believe that she only left that firm because she wouldnt have disclosed to him about the money she was given by my nan or the fact that she was giving away our inheritance and that was all going to have to be reimbursed to us by her.
3. I doubt she has even told her new solicitor that we exsist because it has been 5 months since she has been with them. Or do I have no idea about how long these things can take?
4. Also she had refused our offers to help to go through my nans stuff because she knew about the draw with money and they could then send the removals truck packed with what she wanted to keep before we would ever see it.
5. And she obviously lied to us about how much she had been given just so we didnt know the truth.

I just think that she is trying to get it all for herself and cut us out of the equation. I have tried doing a few online will enquiries to see if its in progress or something, but i really dont know where to go from here, so any help, clarifications or advice would mean alot. So hopefully you guys have some good advice for me. THANKS IN ADVANCE FOR YOUR HELP!

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.