Probate: What to do when someone dies
Our client had evidence to suggest that the executor and trustee of his father’s will had taken steps to misappropriate and conceal assets prior to his father’s death, including dissipating the proceeds of sale of his father’s home that had been sold when his father was moved into a care facility.
We advised our client on the various options available to him, including seeking to have the rogue executor/trustee removed, and provided him with advice as to recovery of the estate assets. We emphasised that court proceedings to seek the removal of an executor/trustee should generally be regarded as a last resort but that evidence of misconduct in relation to financial decisions would likely be strongly determinative of a positive outcome.
We subsequently entered into pre action correspondence with the executor/trustee and were able to apply sufficient pressure in this way in order to achieve an outcome that prevented any further depletion of estate assets and a favourable settlement on our client’s behalf without the need to seek the assistance of the court. In doing so, our client avoided the unpredictability, costs and frustration of making an application for removal.
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