Posted by Amanda Noyce, Partner
Removal of an executor for failing to deal with mother’s estate
We acted as executors in relation to the estate of Kevin*, who was one of five brothers.
During this process we found out that a property, which was the main asset of the estate, may have been incorrectly transferred to Kevin during his lifetime.
Kevin’s niece, Laura, believed that Kevin only owned half of the property and that the other half belonged to the other co-owner, Kevin’s brother, Mark. As Mark had already died, it was argued that half of the property should be passed to the beneficiaries of Mark’s estate.
Laura felt that Kevin was incorrect to transfer Mark’s half of the property into his name. She said that there was an agreement between the brothers that Kevin could stay in the property and, on Kevin’s death, Mark’s half share of the property should be sold and split amongst the 4 other brothers, or their children.
We traced the estate accounts back to 1973, which showed that Kevin was entitled to the other half of the property, as the 4 other brothers had already received a cash sum from Mark’s estate.
*For confidentiality, we have protected the names of our clients.
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