Hi there. The information below should give you greater certainty about your legal rights.

1. Your rights as a beneficiary

There is no legal obligation for beneficiaries to be told that they are beneficiaries before the gifts in the will are given to them. However, beneficiaries do have several other rights that are protected by law. As a beneficiary under a will, you are legally entitled to have the estate properly administered and to receive your entitlement specified in the will. Beneficiaries who receive a share of the remainder of the estate are entitled to access the full accounting of the estate funds, including details of all funds received and expended in the estate, as well as details of how the estate is to be distributed. A beneficiary can take legal action against an executor who fails to provide adequate information upon request.

2. Duties of the executor

It is common practice for an executor to seek the help of lawyers to administer the estate on their behalf. However, the lawyer must carry out the executor’s duties to the estate in accordance with the law and the will. The assets cannot be distributed contrary to the will unless the executor obtains consent from all adult beneficiaries. Executors are allowed to be reimbursed by the estate for reasonable expenses incurred in administering the estate, including legal fees.

If you believe the executor has breached his duties and is not putting the interests of the beneficiaries first, you can apply to the Supreme Court of Victoria to remove the executor and have another person appointed in his place. These applications can only be made before the assets are distributed. Also be aware that any legal proceedings can cause delays and incur additional costs.

3. Disability and your rights

Under national human rights laws, discrimination occurs when a person suffering a disability is treated less favourably than a person without the disability in the same or similar circumstances. If you feel discriminated against by the police, your employer or someone else in a public position, you could lodge a formal complaint with either the Victorian Equal Opportunity & Human Rights Commission (www.humanrightscommission.vic.gov.au) or the Australian Human Rights Commission (www.humanrights.gov.au). Both organisations will try to help you resolve the matter with the other party. Alternatively, you can contact the Disability Discrimination Legal Service for further advice (www.ddlsaustralia.org).

You said that your brother is using your disability against you. Although Australia’s discrimination laws generally do not apply to private family disputes, his actions as executor may otherwise mean he is not putting your interests first as a beneficiary. He is therefore likely to be breaching his duties as executor. Legal action can be taken to stop his conduct and/or remedy any harm that has been done.

4. Right to the cremated remains

In Victoria, the person entitled to receive the deceased’s ashes is the person who obtained the permit for cremation, or in other words, arranged the funeral. This is usually the executor named in the will, so you may not have a right to possess your mother’s ashes if you were not the executor. However, your exact rights will largely depend on the circumstances of your personal situation. A court may be able to resolve a dispute between you and your brother about the location or possession of the ashes.

Suggested way forward

To ensure the will is properly executed and your rights as a beneficiary are protected, you should speak to a lawyer who is an expert in wills and estates. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.