SUCCESSION: Evasive Executor
from Just in Case Law Hosted by Tanya Chapman
Suzanne Dale Smith by her next friend the Public Trustee v Marion Kathryn Partridge as executor of the estate of Thomas Smith [2018] WASC 128 The executor of a deceased estate has a pretty important and powerful position - they are tasked with holding all the assets in the estate, paying the debts, and distributing the estate to the nominated beneficiaries within a reasonable time. But what happens when the executor doesn't do that? This case involved the estate of Thomas Smith and his two daughters Suzanne and Marion. Marion had been appointed executor of the estate. In that capacity, she transferred a house and funds into her own name... and then did nothing. Suzanne had to initiate legal proceedings against her sister for failure to administer the estate.
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