Are you a beneficiary of an estate who is concerned about how it is being administered?
- Justeen Dormer
- May 26
- 6 min read
Executor & Administration Disputes
If you are named as a beneficiary in a Will, or are otherwise entitled to a share of an estate, you have real and enforceable legal rights. Where an executor or administrator is not fulfilling their obligations, you may have grounds to take action. The experienced Wills and Estates lawyers at Dormer Stanhope can advise you on exactly where you stand and what you can do about it, including before a problem becomes a dispute.
The executor's fiduciary obligation to you
An executor is not simply a person who carries out administrative tasks after a death. The law places an executor in a position of trust, and with that comes a fiduciary obligation owed to the beneficiaries of the estate. This means the executor must at all times act honestly, in good faith, and in the best interests of the estate as a whole, and must not allow personal interest to conflict with that duty.
A fiduciary obligation is one of the most serious duties recognised by Australian law. Where an executor breaches that obligation, beneficiaries have enforceable rights and may seek legal remedies, including orders from the Supreme Court of New South Wales.
The executor's duties include collecting and protecting estate assets, paying valid debts and liabilities, attending to tax obligations, and ultimately distributing the estate to the beneficiaries in accordance with the Will. Each of these duties must be carried out with reasonable diligence and without undue delay.
Unfortunately, not every executor fulfils this role as the law requires. Some act carelessly. Others act in their own self interest. Some simply fail to communicate. In those circumstances, knowing your rights as a beneficiary, and acting on them promptly, is essential.
What are your rights as a beneficiary?
The precise extent of your rights will depend on the nature of your entitlement under the Will. However, beneficiaries of estates in New South Wales generally have the following rights:
To be informed whether the deceased left a valid Will and that you are named as a beneficiary
To receive a copy of the Will upon request
To be informed of the nature and extent of the estate's assets and liabilities
To be told when you may reasonably expect to receive your entitlement
To receive reasonable updates during the course of the administration
To be notified of any claims against the estate, including family provision claims, Will challenges, or other legal proceedings
To expect the estate to be administered within a reasonable period, generally taken to be approximately 12 months from the date of death (often referred to as the executor’s year), although the proper period will depend on the complexity of the estate and the circumstances
To request a copy of the estate accounts, particularly if you are a residuary beneficiary (a copy is generally provided at the beneficiary’s expense)
The 12 month period from the date of death is commonly referred to as the executor's year. Where the administration is not complete by the end of that period, the onus shifts to the executor to explain the delay, and the beneficiary may have stronger grounds to seek an account and, if necessary, court intervention. It is important to note, however, that prudent executors will often wait until the 12 month family provision claim period has expired before making final distribution, in order to protect the estate from late claims.
When should you be concerned?
There are a number of circumstances in which a beneficiary may have good reason to be concerned about the conduct of an executor or administrator. The following are among the more common situations with which our lawyers assist clients:
The executor is not administering the estate correctly or is failing to act in the estate's best interests
The executor has not communicated with you or has refused to provide basic information about the estate
The executor appears to be placing his or her personal interests ahead of those of the beneficiaries
There has been an unreasonable delay in the administration of the estate
More than 12 months have passed since the date of death and you have not received your entitlement
You have not been provided with a copy of the Will or details of the estate's assets and liabilities
You feel that information is being withheld or that you are being deliberately kept in the dark
The executor is not taking adequate steps to preserve and maximise the value of the estate assets
The executor is attempting to purchase an estate asset (a transaction generally prohibited in equity unless authorised by the Will, approved by the Court, or consented to by all beneficiaries)
The executor has failed to account for all of the estate's assets
The executor is using estate funds to pay for personal legal costs or other expenses unrelated to the proper administration of the estate
There is a conflict of interest, for example where the executor is also a beneficiary and appears to be preferring his or her own interest
This list is not exhaustive. Every estate is different, and there are many other circumstances in which a beneficiary may have legitimate reason to seek independent legal advice.
If you are in any doubt about whether something is wrong, that uncertainty alone is a reason to seek advice promptly. Early advice can prevent a problem from escalating into costly and protracted litigation.
You do not need to wait for a dispute to seek advice
One of the most important points that our clients often do not realise is that you do not need to wait until a dispute has arisen before seeking legal advice about an estate. In fact, the earlier you obtain advice, the more options are available to you.
Dormer Stanhope regularly assists beneficiaries at all stages, including:
Shortly after the death of a loved one, to understand what you are entitled to and what to expect from the executor
During the administration, when communication has broken down or you have unanswered questions about the progress of the estate
Where something does not feel right, even if you cannot yet identify the specific problem
After a significant delay, where you believe the administration should have been finalised by now
Where you suspect an asset has been overlooked, undervalued, or improperly dealt with
Proactive advice at an early stage often resolves matters without the need for formal legal proceedings. A well timed letter from a solicitor can prompt an executor to provide information, accelerate the administration, or correct an error before it causes lasting harm to the estate.
How Dormer Stanhope can assist you
At Dormer Stanhope, our Wills and Estates lawyers have extensive experience advising beneficiaries who have concerns about the administration of an estate. We take a direct, practical approach: we listen to your concerns, explain your rights clearly, and help you understand what options are available to you.
What we can do for you
Advise you on your rights as a beneficiary and the obligations owed to you by the executor or administrator
Formally request information and accounts from the executor on your behalf
Correspond with the executor or their solicitor to address your concerns and seek resolution without the need for litigation
Pursue a passing of accounts through the Supreme Court, requiring the executor to account formally for all dealings with estate assets
Apply to the Supreme Court of New South Wales for orders compelling the executor to act, or for the removal and replacement of an executor who has breached his or her duties
Advise you if a family provision claim or other legal proceeding may be relevant to your circumstances
We understand that dealing with an estate following the death of a loved one is already a difficult and emotionally demanding experience. Our goal is to take the legal burden from you, give you clear and honest advice, and achieve the best outcome available for you as efficiently as possible.
Please note that time limits may apply in certain circumstances, including in relation to family provision claims under the Succession Act 2006 (NSW). You should not delay in seeking advice if you have concerns about an estate.
Speak with a Wills and Estates lawyer today
If you are a beneficiary of an estate and have concerns about how it is being administered, contact Dormer Stanhope. Our team is ready to advise you on your rights and the steps available to you, whether a dispute has arisen or you simply want to understand your position.
