Executor Problems: Delays, Disputes and Removing an Executor

What an executor must do

• Collect and protect the assets, and pay the debts and taxes.
• Act impartially between beneficiaries, even if the executor is also a beneficiary.
• Keep estate money separate and keep proper accounts.
• Not benefit personally unless the Will allows it. Executor’s commission requires authority in the Will, the beneficiaries’ agreement, or a Court order.

Common problems

• No application for probate months after the death.
• No information or accounts given to beneficiaries.
• An executor living in an estate property rent-free, or wanting to buy an estate asset.
• An executor who lives overseas, is unwell, or has fallen out with the family.

What beneficiaries can do

1. Ask in writing for the Will, an inventory and a timetable.
2. Request accounts of what has been received and paid.
3. Lodge a caveat before a grant is made, if there is a real question about the Will.
4. Apply to the Court for orders that the executor file accounts, act, or be removed and replaced. Where the family cannot agree, the Court can appoint an independent administrator. We are available for appointment in that role.

If you are the executor and you are being challenged

• Family provision claims can generally be made within six months of the grant. Do not distribute before that period ends without advice.
• Keep records of every decision and every dollar.
• If you do not want the role, you can renounce before you start dealing with the estate, or ask a professional to act with or for you.

Mediation

Most estate disputes settle, and the Court usually expects the parties to mediate first. Justin Chua is a nationally accredited mediator who conducts estate mediations in English and Mandarin, including for families split between Australia and Asia. See our cross-border mediation service.

Related guides

• Letters of administration (no Will)
• Estate planning: Will, power of attorney, medical decisions
• Testamentary trusts
• Superannuation and your Will
• Checklist: the first 30 days after a death
• Do I need probate? 2-minute check
• Professional executor & trustee services
• Wills & estates fees

General information only, not legal advice. It is based on Victorian law unless stated otherwise; the rules in other states and territories differ. Your circumstances should be assessed individually.