Undue Influence

Undue Influence

Disagreeing with the executor

It is the executor’s job to act in the best interest of the estate. If you do not believe they are, you have the right to challenge and  review them in court.

This may occur in certain events, such as if the executor is in a position of conflict, taking too long to administer the estate, or not dealing with the estate in accordance with the terms of the Will. In these situations, you may feel the executor is benefiting themselves or otherwise not acting in the best interest of all beneficiaries.

If it is proved that the executor is not behaving appropriately a new executor will be selected (called an administrator).

What fees can I expect to pay?

When challenging a will, a successful claim will generally be covered by the estate. However if the challenge is unsuccessful the person who challenged it will be liable for their own fees incurred.

What if I live interstate?

Where you reside does not affect these sorts of claims. The relevant laws that apply are generally those of the State where will was made or where the estate is being administered.