Executors and Beneficiaries Behaving Badly – Leo Cussen Centre for Law

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Executors and Beneficiaries Behaving Badly

Executors and Beneficiaries Behaving Badly

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Executors have a duty to manage and maintain a deceased’s estate. This includes preserving the value of estate assets and preventing them from being destroyed or depleted. But what can beneficiaries do if an executor is breaching their duties and not administering the estate in accordance with their duties?

What can an executor do if a beneficiary or beneficiaries destroy or deplete estate assets as occurred in DPP v Taylor & Anor [2021] VCC 911? 

The following session will discuss:

  • What to do when assets of the estate are being “laid to waste” either by an executor or a beneficiary;
  • Removing of Executor - Section 34 of the Administration & Probate Act 1958;
  • Recent cases of significance.