If you believe that a personal representative or trustee has not fulfilled their legal obligations in managing an estate, or if there are concerns about delays or you suspect inappropriate conduct you, may have grounds to pursue legal action to ensure the estate is administered properly.
At Sydney Mitchell, we can provide you with guidance on how to proceed effectively, whether that involves compelling the representative to act appropriately or seeking their removal if necessary.
What happens if a personal representative or trustee does not fulfil their obligations?
Executors and Trustees have responsibilities to the beneficiaries of the estate or trust they are administering and must exercise their powers with due skill and care.
Their responsibilities include:
- Identifying and safeguarding the assets of the estate or trust;
- Administering the estate or trust in a reasonable time frame;
- Acting in the best interests of the beneficiaries;
- A duty not to benefit from their role; and
- A duty to disclose certain information to the beneficiaries.
If you believe that a personal representative or trustee has not fulfilled their legal obligations in managing an estate or trust, or if you suspect inappropriate conduct you, may have grounds to pursue legal action to ensure the estate or trust is administered properly.
At Sydney Mitchell, we can provide you with guidance on how to proceed effectively, whether that involves compelling the executor or trustee to act appropriately or alternatively seeking their removal if necessary.
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