by leeanne  01/11/2012  697 Page Views
6 Comments  Wills, probate, letters of administration, powers of attorney
My father passed away 2mths ago, leaving my sister as executor. My sister has claimed my dads car and put it in her name and refuses to sell it. Is she allowed to do this as executor? Also she has sold all his personal effects and claimed the money, does she need to provide documents showing what his estate consisted off and how it was divided? The solicitor has lost the will and my sister has the only copy. What can I do?

Also our brother who was also a beneficiary died 4 weeks later. He was living with a woman (3mths) who says she is now his defacto and is in charge of handling his affairs. He died without a will with his daughter (10) the beneficary of one of his superannuation, he has several. Where does any money he is entitled to from dads will go? Can his defacto claim ownership of his bank accounts? And personal effects?
He also has a son (4) who he has made no provision for, how can we ensure he is taken can of? My brother paid child support to both children.
How long do you need to be living together to be classified defacto?
Thank you for your help it is genuinely appreciated.