What if the nominated executor of an estate is not up to scratch?

In the 2016 case of Re Gardiner the executor named in the will was found to have been deficient in his handling of the estate as to the following issues:

  • He had failed to realise the estate assets in a timely manner.
  • He had a conflict of interest in relation to an estate asset.
  • He had failed to maintain proper accounts of the estate.

The court took steps to resolve the issues and revoked the grant of Probate in favour of the nominated executor and made an order for costs against the executor that had to be paid out from his own funds and not from the estate.

Be careful in who you may choose to take on a role in the running and administration of your estate. Select a person who is responsible and reliable with no interest in your estate.

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