An executor is the person appointed in a Will to carry out the instructions of the willmaker and administer the estate in accordance with the terms of the Will in the best interests of the beneficiaries.
Sometimes, an executor may not understand the importance and responsibility of their role.
If an executor does not want to be an executor and a grant of Probate has not yet been issued, the executor may renounce.
If a grant of probate has issued by the Supreme Court, the resignation or removal of an executor is more difficult.
If an executor is not adequately performing his or her role as an executor, then a beneficiary may make an application to the Supreme Court to have an executor removed, however there must be sufficient evidence that the executor is unable to discharge his or her duties in the best interest of the beneficiaries before commencing the application – rather than a general dislike for the executor.
The Supreme Court may consider any of the following before determining whether an executor is unfit for the role:
• failing to adequately communicate with the beneficiaries;
• failing to account for the assets of the estate;
• acting in their own interests over the interests of other beneficiaries;
• causing unwarranted delays in the administration of the estate; or
• causing unreasonable delays in the transfer of assets to the beneficiaries.
If you seek advice about anything raised in this article, or want further information, please contact us on
02 4928 7300 or email willsandestates@mullanelindsay.com.au.
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