Being named as an executor is a position of trust. Most carry out their duties with care and diligence. But sometimes… things go wrong.
We’ve seen estates stall because an executor refuses to sell a property (often while living in it themselves). Others simply go silent and ignoring beneficiary questions or delaying distributions for months, even years. Some rack up unreasonable expenses or fail to account for estate funds altogether.
If you’re a beneficiary feeling shut out or concerned, there are options. A court-ordered review of the estate’s accounts is often the fastest and most cost-effective way to bring clarity and accountability.
If something doesn’t feel right, it’s worth speaking up. We can help you understand your rights and next steps.
The basic duties of an executor are to collect the assets of the estate, pay any liabilities of the estate, and distribute the remaining assets in accordance with the terms of the Will (or the rules of intestacy where there is no Will).
The executor must administer the estate with diligence and reasonable expediency. When selling assets, they are required to obtain reasonable prices. Depending on the circumstances, they may also be required to earn income from assets while awaiting the distribution of the estate.
An executor is also under a duty to account to beneficiaries for their actions and for the monies they receive on behalf of the estate.
Recent cases
An administrator failed to distribute the estate for several years. He ignored multiple requests from us and the Court to have the accounts of the estate and a plan of distribution reviewed. After representations from us, the Court removed the administrator and our client was ultimately appointed administrator.
Several years after the deceased’s death, an executor had failed to distribute the estate. We required them to have the Court review the accounts and approve a plan of distribution. During the review, objections to various expenditure were determined and the estate was distributed.
Four sisters were appointed as executors of an estate. One sister refused to cooperate with the administration and refused to sell the deceased’s house. Acting for the other executors, we obtained orders from the Court compelling the sale. The defaulting executor subsequently refused to agree to a distribution of the estate. We ultimately had the Court review the accounts and approve a distribution.
Two executors had a falling out and refused to communicate, let alone administer the estate. We acted for one of the executors and were able to establish a working relationship with the other executor. Ultimately, we were able to complete the administration of the estate cooperatively and without the need for Court intervention.
Inheritance disputes
How we can help
We specialise in probate and estate administration – it’s what we do, and we’ve been doing it for over 40 years. You’re in experienced hands. We’ll help you understand your legal rights, and take the pressure off during a difficult time.
Start by booking a consultation with one of our lawyers.
