Executors Duties and Disputes

Being an executor is a significant responsibility. Executors often need assistance in knowing how to carry out the terms of a will and properly administer an estate.

We provide executors with tailored advice regarding their duties and responsibilities in all areas of estate administration, including:

  • Seeking directions from the Court as to the meaning of particular terms in a will, where they appear ambiguous
  • Assisting executors with the preparation of estate accounts for consideration by the Court
  • Providing advice regarding an executor’s and/or administrator’s duties
  • Commencing action on behalf of the estate for the recovery of debts owing to the estate

Our Services

Eastwood Law has experience in acting in a range of jurisdictions in estate matters and related disputes, including the Supreme Court of Western Australia, the Court of Appeal (WA), the High Court of Australia and the State Administrative Tribunal.

We have advised and acted for clients based in other states of Australia as well as overseas.

Probate and Letters of Administration

When a person dies, the executor must usually obtain a grant of probate to execute the will. If no will exists, a grant of letters of administration is needed to distribute the estate.

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Challenging the Validity of a Will

You can challenge a will if you believe the maker lacked capacity or the will doesn’t reflect their true intentions. If successful, the Court may grant probate for a prior will.

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Executors Duties and Disputes

BBeing an executor is a significant responsibility, often requiring assistance to ensure the will is carried out and the estate is properly administered.

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Beneficiaries Concern Over Estate Administration

Beneficiaries can ensure they receive their entitlement by holding executors accountable, often through requests for the executor to “pass accounts” to the Court.

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Trust Disputes

Trusts are common in estate planning and family businesses. Understanding your rights as a beneficiary can often be confusing or challenging.

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Complex Estate Disputes

We handle estate disputes involving multiple issues, including will validity, constructive trust, and family provision claims, developing effective solutions for commercial outcomes.

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Why Choose Eastwood Law?

  • Boutique WA estate-litigation firm — we focus exclusively on contested estates, probate, family provision claims, will challenges and trust disputes.
  • Cameron Eastwood, Director — 20+ years of advising West Australian families through complex estate matters.
  • Supreme Court of WA + Court of Appeal experience — we appear at every level, including the High Court of Australia and the State Administrative Tribunal.
  • Trusted since 2005 — backed by hundreds of West Australian families who have walked through this with us.
  • Free 20-minute consultation — we will hear you out, give clear advice, and let you decide if we are the right fit.

Phone: (08) 9481 8460 · Office: Level 1, 26 Railway Road, Subiaco WA 6008

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Frequently Asked Questions

Can I remove an executor in WA?
Yes. The Supreme Court of Western Australia has power under the Administration Act 1903 (WA) and inherent jurisdiction to remove an executor for misconduct, conflict of interest, incapacity, refusal to act, or where removal is in the best interests of the estate.
What are an executor’s duties?
An executor must collect and protect estate assets, pay debts and taxes, distribute the estate per the will, keep proper accounts, act impartially between beneficiaries, and not profit from their position (other than agreed remuneration). Executors who breach these duties can be held personally liable.
How long does an executor have to distribute the estate?
There is no fixed deadline, but the “executor’s year” rule means beneficiaries cannot generally compel distribution within 12 months of death. Beyond that, an executor must act with reasonable diligence. Unreasonable delay is a ground for removal or order to distribute.
Can an executor be sued personally?
Yes. If an executor breaches their duties (for example, mishandling estate funds, favouring some beneficiaries over others, or making unauthorised investments), beneficiaries can sue the executor personally for losses caused.
What if the executor is one of the beneficiaries and there is a conflict?
It is common for an executor to also be a beneficiary. The conflict only becomes problematic when the executor uses their position to gain unfair advantage. If you suspect this, we can investigate, demand accounts, and apply to court for orders if warranted.
How do I get the executor to provide accounts?
Beneficiaries are entitled to a proper accounting of the estate. If the executor refuses, the Court can order them to file accounts and to verify them on oath. We routinely send formal demands and follow with court applications where necessary.

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Our commitment to our clients means that achieving a positive result for you is our priority.