In the Victorian Supreme Court case of Jortikka v Haukka [2023] VSC 20, Ms Haukka was appointed co-executor with her sister for their late mother’s estate. The finalisation of the estate was delayed over five years because Ms Haukka refused to leave her late mother’s house and insisted the estate paid all outgoings. During that time, she also had an irresponsible approach to her executor duties – she poorly managed her conflict of interests as executor (despite legal advice) and displayed poor conduct towards the beneficiaries.
The Supreme Court found that she was unfit to act as executor and ordered her removal as executor.
This case highlights the importance of choosing a competent and trustworthy executor and obtaining legal advice if you are a beneficiary and suspect executor fraud or misconduct.
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