When our client’s husband died, his will named her and another person as joint executors. She was also the only beneficiary.
The estate’s main asset was a house in regional Queensland, rented to a company. The co-executor was that company’s managing director.
The company stopped paying rent. As executor, the co-executor should have been chasing it, but it was his own company that owed the money. He stopped engaging with our client and kept her in the dark about the estate. ezylegal took the matter to the Supreme Court of Queensland, and he stepped aside. Our client became sole executor and took control of her husband’s estate.
At a glance
- Problem: A co-executor had a clear conflict of interest, as the head of the company renting the estate’s property, and wasn’t administering the estate or collecting the rent.
- Claim against: The co-executor.
- Legal basis: An application to the Supreme Court of Queensland to remove an executor for neglecting their duties, and a breach of the fiduciary duty every executor owes the estate.
- Result: The co-executor signed a deed renouncing his role. Our client became sole executor and was granted probate.
An executor on both sides
An executor’s job is to protect the estate and act in the interests of its beneficiaries. Here, the co-executor was also running the company that owed the estate rent. He had even admitted that not paying rent benefited his company.
Meanwhile, the estate’s administration had stalled. Our client wasn’t being given information about the estate. And a lender had begun steps to take possession of the property.
Stepping in
ezylegal wrote to the co-executor, setting out our client’s concerns and asking him to renounce his role within seven days. When he didn’t, we kept up the pressure through his lawyers, and dealt directly with the lender to protect the property.
We then filed an application in the Supreme Court of Queensland to have him removed as executor. A beneficiary can do this when an executor neglects their duty, even before probate has been granted.
The outcome
Facing the court application, the co-executor agreed to step aside. ezylegal prepared a deed of renunciation and set a firm deadline to sign it, with the court hearing as the alternative. He signed. Our client withdrew the application.
As sole executor, she applied for and was granted probate, and was registered as the owner of the property on behalf of the estate. That cleared the way to recover the unpaid rent.
Can I have a co-executor removed?
Yes. In Queensland, a beneficiary or co-executor can apply to the Supreme Court to remove an executor who is neglecting their duties, or who has a serious conflict of interest.
Executors must act honestly and in the best interests of the estate, not themselves. If an executor won’t share information, won’t progress the estate, or is on the other side of a dispute with it, the court can step in. Often, just filing the application is enough to make an executor step aside voluntarily.
If you’re facing something similar
If a co-executor isn’t doing their job:
- ask them in writing for information about the estate’s assets, debts and progress
- keep a record of every request and every response, or lack of one
- watch for conflicts, such as an executor who owes the estate money or deals with it personally
- ask them to step aside before going to court
- don’t wait if estate assets are at risk
Get advice early, because time limits apply. Read more about wills and estate disputes.
ezylegal operates on a no-win, no-fee* basis across consumer, commercial and insurance disputes, so you’re not weighing the cost of a lawyer against the cost of walking away.