It might sound strange, but it’s not uncommon: some executors take a long time to distribute the will. And we know why: they want to elongate proceedings as long as possible in the hope that you, the beneficiary, will simply give up and let them take the money – it’s madness!
If you are concerned that the executor is trying to pull a fast one on you, it is important to know when and how to act as a beneficiary falling victim to a questionable executor. We’re not talking about the time it usually takes to obtain a Grant of Probate or Administration – we’re talking long-term waiting with little response and a niggling feeling that something dodgy is in the works.
Let’s take a closer look at this unfortunate situation below:
When to become concerned
The best estate lawyer Perth has will always remind their clients that Grant of Probate or administration can take a few months after the will is presented to its beneficiaries. However, once the application is filed, it shouldn’t take too long to receive the Grant.
If there is further complication regarding the will, it can take a few extra months for Grant to be approved. Once the Grant has been approved, it should take another six months for executors to distribute (as per advice provided to them). The advice of six months is given as it allows time for eligible people to make a claim on the will before the Grant of Probate – the ability to make a claim on the will ceases after six months (unless the court grants leave).
However, if the executor is taking too long for any undisclosed reason, it is important to know that you do have legal recourse in your favour, and this includes applying to have them removed as executor of the will.
What to do if they aren’t helping
Sometimes, it can be as simple as contacting the executor and requesting that they begin the distribution process. You can also contact the lawyers working on behalf of the estate to understand why there is a delay in distribution. The executor may not be up to the challenge of distributing the will; they may be looking to step down from their role of executor or – as previously mentioned – they may be up to some nefarious tactics that includes them reaping some of the benefit and perhaps wasting your part or diminishing its value – something which cannot be allowed.
The best estate lawyer Perth has will have the skills and experience to work on your behalf and retrieve what has been granted to you as a beneficiary. They can take the necessary action to work towards having the executor removed from their role, or steer the executor in the right direction toward doing the job they accepted: distributing the estate.
Act now on executor fraud
Executor fraud is a cruel and callous way to mishandle a beneficiary’s rewards. You need to be aware that there are legal options available at your disposal, and that if you enlist them you can potentially receive a fast resolution to the problem.
You may also find that the executor is committing a form of misconduct, which is important to know so that you can then take legal proceedings against them in the hope of finally retrieving your part of the estate.
