31 January 2020
I am acting for a beneficiary of an estate.
My client receives little information from the administrator and believes that they have breached their duty and now wishes to remove them as administrator.
What would be the first step to take to remove a current administrator of an estate already appointed by the court?
Thank you for the question.
An application can be made to the court to replace the administrator. The grounds for doing so are limited. We recommend that you read the By Lawyers Estates Publication. As the process of removing an appointed administrator is considered to be a ‘complex proceeding', we suggest that you contact the Registrar for procedural guidance.
The administrator has a duty to act in the interests of the beneficiaries, get in the assets, pay any debts and distribute the net estate to the beneficiaries. They must produce accounts but are not obliged to provide day by day details of the administration to beneficiaries.
Regards
Mentor
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