If you're unhappy with an executor can you have the Public Trustee instilled?

Published 08 Sep 2016

In many instances, a friend or relative will be appointed as the executor of a will. This is often done as a means of displaying trust in these individuals rather than their knowledge of the executor's responsibilities.

Yet being an executor can be very complicated, stressful and time-consuming. While many may take it as a compliment, the reality is that they often find themselves somewhat overwhelmed by the role.

There are also occassions where family members or beneficiaries, or people who have been excluded when they felt they shouldn't, are unhappy with the executor of the will. There are a few options available to them: they can dispute the will, or look to have the executor replaced.

What can you do if you're unhappy with the executor of a will?

Every person who is charged with the administration of an estate has a responsibility to account to the will's beneficiaries. Beneficiaries are entitled to a full disclosure of all activities of the administration of the will. If for whatever reason you are dissatisfied with the executor's performance, you are entitled to approach contesting will lawyers for advice. Alternatively you are entitled to contact the courts to have the executor removed.

Can you have the Public Trustee instilled if the executor is removed?

Estates that are administered by the public trustee are not limited to instances where the deceased has directly appointed the trustee as their executor. Other occasions where the public trustee can administer estates include:

  • The named executor does not wish to administer the will
  • The named executor has passed
  • Either the beneficiaries or the existing executor experiences difficulties with administering the estate and applies to transfer the administration
  • The deceased party has died intestate.

What if you need further clarification or don't want to go directly to the courts?

The best thing to do is to seek the advice of a legal team experienced with handling the contest of a will. At Gerard Malouf and Partners we have the necessary experience and understanding to guide you through any queries you may have about a will.

We work closely with our clients to understand what they need and how we can help. We are so confident that we can help that we provide a 90 day free trial of our legal services to display our competence and professionalism on request.

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