Executor’s Duties - Managing Misbehaviour – Leo Cussen Centre for Law

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Executor’s Duties - Managing Misbehaviour

Executor’s Duties - Managing Misbehaviour

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Executors have a duty to manage and maintain the deceased’s estate. This includes preserving the value of estate assets and protecting those assets from being destroyed or depleted.

If it is believed that an executor is mismanaging the estate or not properly performing their duties, the beneficiaries may need to take legal action against the executor.

Conversely, recent case law has highlighted that some situations require an executor to also take legal action against misbehaving beneficiaries.

This session will cover:

  • Tardy executors- dealing with late applications to become an executor
  • Examples of executors failing in their duties
  • What can be done when an executor underperforms
  • Removing of Executor under section 34 of the Administration & Probate Act 1958
  • The circumstances and reasons that justify the removal of an executor
  • What to do when assets of the estate are being “laid to waste” either by an executor or a beneficiary,
  • Recent cases of significance.

What is included:

Videos of the presentation in mp4 format.

Paper materials in pdf format.

* This Webcast does not allow WA practitioners to claim CPD points