We have been in contact with the executor listed in my mother's will but she refuses to fulfil her duties with respect to a probate application. She says she will do it but she just never gets around to it. It's now been almost a year. What happens in this situation?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Rebecca Bardaxis of Restorative Law Practice, Parramatta 2150 NSW
- The law makes it a requirement that the executor administer the estate within the period of 12 months from the date of death.
- In the event that the executor fails to discharge their duty and administer the estate within the 12 month period then a beneficiary may apply to the court for letters of administration with a copy of the will annexed.
- As you have mentioned it has almost been a year since your mother passed away. If your executor still refuses to cooperate you may wish to engage a lawyer to start working on the letters of administration. If it is a simple estate you may be able to undertake this task yourself if you are a beneficiary under the will.