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Rights of beneficiary to view accounts

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ramblin View Drop Down
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  Quote ramblin Quote  Post ReplyReply Direct Link To This Post Topic: Rights of beneficiary to view accounts
    Posted: 22/May/2009 at 18:46
Queensland ESTATE

Hi

I am a beneficiary in a will. The executor (a relative) did not tell me for 5 months I was in the will. I only found out when a letter arrived at my door asking me to sign a discharge and indemnity form. The solicitors letter assumed I had known I was a beneficiary and had a copy of the will.

There's a long list of other things that don't appear right but the main question I have is that the executor and her solicitor are asking all beneficiaries to sign a discharge form to get an interimn payment (about 90% of the total payment). And then they will wrap the rest of the estate up and then pay out the small second payment and also issue a statment of account at that time.

I am telling the executor and solicitor that I want to see a preliminary set of accounts now before I sign.
Do I have a right to ask this?
Do they have a right to refuse?
What will happen to the estate (and other beneficiary's payments) if I refuse to sign until I see the figures?

At the moment they are saying unless all beneficiaries sign this discharge and indemnity form, no money will be released.

None of the other beneficiaries mind if I do this and therefore hold up distribution. They would like the same info but just gave up waiting.

Thanks in advance.

 

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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 23/May/2009 at 03:34
Ask and see what happens, you won't loose anything by asking, but you may delay payment a little. Ask nicely and if they refuse take the reply to your own solicitor for advice.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

 

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ramblin View Drop Down
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  Quote ramblin Quote  Post ReplyReply Direct Link To This Post Posted: 23/May/2009 at 06:10
Thanks for your reply. So far I have written to them and asked but they have sent a letter back ignoring my request and just re-iterating I am the last of everyone to send the discharge in.

It feels like a standoff is about to happen but I'm just wondering how far I can push it.

Thanks again

 

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rambler1 View Drop Down
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  Quote rambler1 Quote  Post ReplyReply Direct Link To This Post Posted: 23/May/2009 at 08:11
The excutor needs to give you a copy of the will he needs to give you a list of assets that wil be distributed and how that distribution will take place.

These are basic entitltmtnts that you are entitled to I am not sure why a solcitor wouldnt do this as these are pretty basic duties.
Luke 11 46: Woe unto you also, ye lawyers! For you load men with burdens that are difficult to carry, and you yourselves won't even lift one finger to help carry those burdens.

 

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fatima View Drop Down
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  Quote fatima Quote  Post ReplyReply Direct Link To This Post Posted: 23/May/2009 at 10:36
I had a similar problem and had to hire a solicitor interstate.

 

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ramblin View Drop Down
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  Quote ramblin Quote  Post ReplyReply Direct Link To This Post Posted: 23/May/2009 at 12:53
Thanks everyone for your comments. I just found out this morning that the solicitor in question has been penalised twice before for misappropriating trust funds. Between the executor and solicitor I feel this whole thing is doomed. Oh well.

Thanks again! I have learnt a lot from this website just in browsing through questions.

 

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diarmuid View Drop Down
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  Quote diarmuid Quote  Post ReplyReply Direct Link To This Post Posted: 23/May/2009 at 14:46
It is terrible to see how vunerable benificiaries are to the preditory practices of dishonest executors and unaccountable lawyers. I suggest you alert Senator Steve Fielding to the issues. I have spent the past five years and written a book called Lawyers or Grave Robbers? in an attempt to bring about change and accountability in this area of the law. It is obvious that you have a right to see all of the accounts and that should be stated in law.

 

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