SUCCESSION: Executor in Contempt
from Just in Case Law Hosted by Tanya Chapman
CASE: Prothonotary of the Supreme Court of NSW v Whit [2023] NSWSC 264 Executors of deceased estates have various duties and obligations. Among them, the obligation to represent the estate and maintain records and estate accounts. In this case, executor Ronald Whit was ordered by the Court to provide records of the estate assets and what he had done with them. He failed to comply with those orders and for over a year did not participate in Court proceedings. It would take a bench warrant and apprehension by a Victorian Fugitive Squad and NSW Sheriff's Officer to bring Mr Whit before the Court. He pleaded guilty to contempt of Court Orders and was sentenced to imprisonment for one year. This case is a reminder that 'Executor' is not just a fancy title. It is a Court appointed role that holds a person to a high standard of conduct. And there can be serious consequences for those who wilfully shirk their duties. THIS IS NOT LEGAL ADVICE.
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