Executors Not Easily Removed by Court
The case of Budulica v Budulica [2017] QSC 60 confirmed that that a testator’s choice of an executor will not flippantly be changed by the court when will disputes arise. The court suggested that there usually must be circumstances such as misconduct in administration to justify the removal of an executor. However, it was also suggested that even in light of misconduct in administration the court will consider relevant mitigating factors before exercising its discretion to remove an executor.
Such factors include:
- An executors willingness to learn from its mistakes; and
- The stage of administration of the estate
If you would like more information or advice in relation to will disputes you should consult a member of our Wills and Estate Planning Team.
Contact Mimi Su on (02) 9635 7966 or mimis@matthewsfolbigg.com.au
Contact Terry Doust (02) 9635 7966 or terryd@matthewsfolbigg.com.au
