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ARTICLE · 08 JUNE 2018

Executors behaving badly: What can beneficiaries do about it?

The most common breach of the executor's fiduciary duty is delaying in obtaining probate or administering the estate.

AustraliaFamily and Matrimonial

If you are a named as a beneficiary of an estate, you have a right to know that the estate will be administered appropriately and without delay by the executor of the estate.

If an estate is not administered appropriately, you may well be able to exercise certain rights, including Court action, to ensure that the estate is then administered in an orderly and proper way.

The role of the executor

The main role of the executor is to act in accordance with the wishes of the deceased as set out in their will by collecting assets, paying liabilities and distributing thedeceased's assets to the beneficiaries named in their will.

The executor's relationship with the beneficiaries of the estate is fiduciary, in other words the executor must act in the best interests of the beneficiaries.

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