What to do when an Executor won't keep you informed

Inheriting money from a loved one can be a bittersweet experience. While you are likely happy to receive the inheritance, you may also be feeling overwhelmed by the probate process. This is especially true if the Executor of the Estate is not communicating with you.

Executors are required to keep beneficiaries informed about the financial status of the estate. If you are a beneficiary and feel like you are being left in the dark, this article may help you out.

Show me the money – Does an Executor have to show you the accounting?

"I’m due to receive an inheritance from my great aunt who passed away recently and have spoken to the Executor who refuses to tell me anything about where the Estate is at. While I have a copy of the inventory this doesn’t tell me what’s been paid for, or if all the assets have been collected. I am not sure how I can find out how the Estate’s money has been spent."

Executors are required to keep proper financial records of a deceased person’s Estate. Executors cannot mix the deceased's person's money with their own money. They must keep the estate funds in a separate estate bank account. In most cases, this is a solicitor's trust account. Executors must keep receipts, details of estate expenses paid, and details of distributions made from the estate.

**If as a beneficiary, you feel that the Executor is not keeping you properly informed you are entitled to request an account of the estate from the Executor. **

If the Executor fails to provide an account, you can ask the Supreme Court of Victoria to seek accounts of the administration of the Estate of the deceased from the Executor. An Executor has a duty to provide the Court A “true and just account” for the administration of an Estate upon the Court's request.

Executors have an obligation to keep beneficiaries informed. If you think you may be in this position and would like more information on what you are entitled to, we strongly encourage you to speak to one of our Will & Powers of Attorney team by calling 03 5445 1000 or book online for an in-office appointment or online appointment.