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Disputes Relating to Conduct of Executors

Overview

Executors are subject to strict legal duties, and disputes can arise where those duties are not properly fulfilled.

We assist in matters involving allegations of mismanagement of estate assets, delays or failures in administration, and conflicts of interest. Where appropriate, we advise on and bring applications for the removal or replacement of executors, as well as applications for court supervision of estate administration.

Our focus is on ensuring estates are administered lawfully, transparently, and in accordance with the deceased’s intentions.

Service Spotlight

Disputes about executors often arise where there are concerns about delay, transparency, conflict, or decision-making. We help clients assess whether the conduct complained of amounts to a legal problem, what evidence will matter, and what practical or court-based options may be available to address it.

Specialists and practitioners

Kaylie Bourke

Special Counsel
07 3741 0148
kbourke@osullivansneddon.law

Scott Argles

Special Counsel
07 3741 0113
sargles@osullivansneddon.law

John Sneddon

Director
07 3741 0104
jsneddon@osullivansneddon.law

Eve Lee-Roberts

Associate
07 3741 0111
eleeroberts@osullivansneddon.law

FAQs

What can be done if an executor is not properly administering an estate?

That depends on the circumstances, but possible steps may include seeking information and accounts, raising formal concerns, applying for directions, or in more serious cases seeking the executor’s removal or replacement.

Are delays by an executor always improper?

Not necessarily. Some delays are explained by the complexity of the estate, but unexplained or unreasonable delay can create legal and practical issues that need to be addressed.

Can beneficiaries challenge an executor’s conduct?

Yes. Beneficiaries and other affected parties may, in appropriate circumstances, challenge the way an executor is carrying out their duties or seek court intervention.

Related services

Preparation of Wills and Powers Of Attorney Estate Planning Grants of Probate Estate Administration Estate Disputes Disputes Relating to Conduct of Attorneys Solemn Form or “Lack of Capacity” Disputes Challenging Unfair Wills (Family Provision Applications) Superannuation Death Benefits