Legal Advice Wills and Executors

Questioner

Cry for help! My father passed away on April 27, 2018 and left a valid will from 1995. Now my oldest brother and sister had been busy adjusting my father's will for a long time before he died and had a draft will drawn up 2 days before my father died. My father never signed this draft will, but they claim that this was my father's last will. In this draft my brother and brother-in-law were appointed as executors, while no executors were appointed in the valid will. Because the concept was forced upon us as being our father's last will, my other siblings and I gave them power of attorney to manage our financial affairs and an estate power of attorney. When signing at the notary, I indicated that some items had already disappeared from the household effects, but under pressure from the other family members I signed anyway. I have since withdrawn the estate power of attorney (sent in writing and by registered mail) because the authorized representative does not provide any insight into my father's financial situation. I have also asked the notary several times to send an amended authorization so that I can act myself to check the financial situation. I am now at my wits' end because the notary does not seem to be cooperating either, it is now 12 days later, after my first request to withdraw the authorization, I also indicated that it was urgent, but a notary apparently does not care about that. Can you tell me what steps are best for me to take at this time?

Lawyer

From the matter you describe, I understand that you - albeit under pressure from third parties - have given your brother and brother-in-law an authorisation to act as executors of the will. That is not easy to reverse. If all facts and circumstances are known in detail and it can be demonstrated that they are not behaving as a good executor of the will, then a procedure may be initiated. I advise you to hold them both accountable in writing and to inform them of what you accuse them of and that you want them to account for their actions or omissions. Do you have any questions? Please feel free to ask.