Introduction
This recent decision of Justice Cobby of the Supreme Court of Western Australia concerned an unusual situation that had arisen. As is often the case in litigation that arises from the aftermath of a person's passing, the case turns on its own facts, and those facts are very human.
The plaintiff brought an application to the Court for due administration of the estate of their father, the late Mr Holt. The application was levelled against the defendant, who was the named executor of Mr Holt's Will. The defendant was another of Mr Holt's children. The plaintiff had legally changed her name to the mononym, "Crown". Crown had used several different legal names during her lifetime and had seemingly distanced herself from the name Jennifer Alexander, which appeared in Mr Holt's Will.
Why was this matter brought to Court?
The Supreme Court has broad powers to consider and resolve a wide range of matters relating to the proper administration of a Deceased estate. A beneficiary can complain of improper conduct of an Executor or Administrator and seek their removal or other remedies. Crown brought an application to the Court on the basis that the Executor appeared to be unwilling to distribute Crown her share of their father's estate.
What did the Court decide?
While the Executor did not participate in the Court case, the Court found that the Executor appeared to be under the misapprehension that, in changing her name to Crown, his sister had excluded herself from the class of beneficiaries named in their father's Will. Satisfied that Crown was the same person as the beneficiary named in the Will, the Court ordered the Executor to administer the estate according to law and to pay Crown her entitlement. The Court ordered that the Executor pay Crown's costs of the proceedings on an indemnity basis personally because there was evidence that even before she commenced the proceedings, the Executor had acknowledged that Crown was his sister.
I have evidence that an Executor or Administrator is doing the wrong thing. Can I take action to stop their misuse of their powers? Can they be forced to administer the Estate properly?
Yes. You should consult a lawyer with experience in both estates law and litigation to understand what options you might have including the likely costs and risks of taking action.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
