Executor Conflict Case
The matter involves legal concerns regarding the executor and solicitor of an estate after the deceased passed away in early 2020. Delays in the settlement of the estate, which includes significant assets such as properties and cash, are a primary issue. A deed of settlement outlines the distribution of these assets, but complications related to tax liabilities and the distribution methodology have arisen. There is also a concern regarding potential conflicts of interest from the solicitor advising the executor, impacting the efficient administration of the estate in accordance with the deceased's wishes as per the will established in 2012. This dispute is situated in Victoria, Australia, and involves complex legal and tax-related issues.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I sue both the executor and the solicitor for the delay in settling the estate?
You may pursue legal action against both the executor and the solicitor if evidence of breach of duty or misconduct exists. Executors must administer the estate with due diligence; unreasonable delays could constitute a breach. Additionally, a conflict of interest may lead to potential claims against the solicitor. Documenting undue delays and mismanagement is crucial, and consultation with a legal professional is advised to evaluate your case.
What are the potential legal consequences if the solicitor has a conflict of interest in this matter?
A conflict of interest can breach a solicitor's fiduciary duty, possibly invalidating their advice. This situation may expose the solicitor to liability for any related losses. The executor could also face scrutiny for relying on such advice. Possible remedies include seeking removal of the solicitor or filing a complaint with regulatory bodies.
How can I prove that the executor is not fulfilling their duties in a timely manner?
To establish that the executor is not acting timely, gather evidence of unreasonable administrative delays, such as records of communication lacking updates or actions. Document specific instances of exceeded timelines for actions like obtaining probate. Expert opinions from legal or estate administration professionals can also support your claims.
What steps can I take to address the issue of professional negligence by the solicitor?
Consider lodging a formal complaint with the relevant legal services authority, providing detailed evidence of the solicitor's actions that negatively impacted the estate's administration. Seeking an independent legal opinion is also advisable.
Is there a specific timeframe within which an executor should settle an estate, and what recourse do I have if this is exceeded?
While there is no strict timeframe, an executor should act promptly, typically within 12 months. If delays occur, beneficiaries can seek to have the executor removed or held accountable through the court.
