An executor is appointed by a will to carry out the deceased’s wishes, but what happens when executor misconduct occurs? In Queensland, beneficiaries can take legal steps if an executor misbehaves by acting in their own interest, misappropriating estate assets, or failing to follow the directions of the will.
What can beneficiaries do when executors are misbehaving?
An executor is a person appointed by a will to carry out the deceased’s wishes. This includes funeral arrangements, obtaining probate, discharging debts and keeping proper accounts. The most notable duty is that executors must collect, protect, manage and distribute estate assets to beneficiaries in accordance with the will.
When will executors be engaging in misconduct?
Here are a few examples:
- executors acting in their own interest to the disadvantage of the beneficiaries;
- misappropriating estate assets;
- unnecessarily delaying administration and distribution of the estate (executors have a year to perform these obligations);
- failing to keep a proper account for the estate; and
- failing to comply with the directions in the will.
Unsure if the executor is acting in your best interest? Speak to our estate law experts in Brisbane, Gold Coast, and Sunshine Coast.
Can an executor be removed?
If probate or letters of administration have been granted, beneficiaries can apply for an order to remove an executor and appoint an independent person (such as the Public Trustee or a solicitor) to administer the estate.
However, it is important to note that courts are generally reluctant to interfere with the appointment of an executor.
The process of removal requires the court to declare the executor ‘unfit.’ This means the person is not willing, adapted or suited to the office of executor. Executors can be declared ‘unfit’ if it can be established they have engaged in misconduct or have neglected their duties for an unreasonably prolonged period of time.
The Court will consider whether removing the executor is in the best interests of the beneficiaries and whether it will help the due and proper administration of the estate.
Who will pay the legal costs?
In most circumstances the estate will pay for the legal costs incurred. However, a person who brings a meritless claim to remove an executor and subsequently fails could be left paying their own costs as well as the estate’s costs.
Concerned about executor misconduct? Contact us today for a consultation and protect your estate.
We have offices in Brisbane, Gold Coast, and Sunshine Coast, and our estate lawyers are well-versed in handling cases involving executor misconduct in Queensland.
Whether you’re dealing with an unfit executor or need advice on estate disputes, we can assist you throughout South East Queensland.
While you are here, feel free to read some of our other useful articles:
The Executor Is Taking Too Long: What To Do – How To Handle Executor Delays In Estate Administration
How To Handle Difficult & Misbehaving Beneficiaries In Queensland Estate Administration
Navigating Executor Misconduct and Estate Disputes: Your Legal Rights In Queensland
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