Can an Executor Be Removed in Victoria?

What Does an Executor Do?

An executor is the person named in a Will to administer the deceased's estate. Their core tasks include identifying and securing assets, applying for a grant of probate where required, paying debts and tax, defending or compromising claims against the estate and distributing what remains in accordance with the Will.

An executor is a fiduciary. They must act in the best interests of the estate as a whole, hold estate assets separately from their own, account properly for what they receive and spend, treat beneficiaries even-handedly and avoid putting themselves in a position where their personal interest conflicts with their duty. These obligations are serious and personal — an executor can be held liable for breaches even where there was no dishonest intent. The detailed scope of the role is covered in our guide to executor duties.

Can an Executor Be Removed?

Yes, but not lightly. The Supreme Court of Victoria has a long-standing jurisdiction — both inherent and statutory — to supervise the administration of estates and, where necessary, to remove an executor and appoint a substitute.

Removal is not automatic. It is not a remedy that follows simply because a beneficiary is unhappy with a decision, disagrees with the executor's strategy or thinks the administration could be done faster. The Court starts from the position that the testator chose this person to act and that their wishes should be respected wherever possible. The question for the Court is not whether the executor has been perfect, but whether their continued appointment is harmful to the proper administration of the estate.

Removal is therefore reserved for situations where the executor's conduct, condition or circumstances are such that the estate cannot be properly administered while they remain in office. The Court's focus is forward-looking and protective rather than punitive.

When Might Removal Be Considered?

The circumstances in which removal has been ordered in Victoria and other Australian jurisdictions are varied, but they tend to cluster around a small number of recurring themes:

• Failure to administer the estate — where the executor has, over a sustained period, failed to take basic steps such as obtaining probate, calling in assets, dealing with property or distributing the estate, without adequate explanation.
• Excessive delay — where progress has effectively stalled and the executor cannot or will not account for the position of the estate.
• Conflict of interest — where the executor's personal interests are in serious tension with the duty owed to beneficiaries, particularly where the executor is also a creditor, a business partner of the deceased or a competing claimant.
• Incapacity — where age, illness or cognitive decline means the executor can no longer perform the duties of office.
• Dishonesty or misconduct — including misappropriation of estate funds, deliberate concealment of assets, false accounting or persistent failure to comply with Court orders.
• Breakdown in the administration — including hostility between co-executors that prevents joint decisions, or a complete breakdown in communication between the executor and the beneficiaries such that the estate cannot move forward.

It is important to keep these categories in proportion. Most estates are administered without serious incident. Even where mistakes are made, the Court will usually prefer a remedy short of removal — for example, requiring the executor to account, ordering them to take specific steps, or appointing a co-administrator — wherever that can produce a workable result.

Is Delay Enough to Remove an Executor?

Delay is one of the most common complaints made about executors, and one of the most commonly misunderstood grounds for removal. Estate administration is rarely as quick as beneficiaries expect. A straightforward Victorian estate is often not finalised for nine to twelve months after death; more complex estates, particularly those involving real estate sales, a business, overseas assets, tax issues or a possible family provision claim, can take considerably longer.

The Court draws a clear distinction between reasonable and unreasonable delay. Reasonable delay is delay that has a sensible explanation — a difficult asset to value, a contested claim, an uncooperative co-executor, the need to obtain tax advice or wait on an outstanding assessment. Unreasonable delay is sustained inactivity that the executor cannot or will not justify, particularly where it is accompanied by poor communication and a refusal to account.

Every case turns on its own facts. The proper starting point for beneficiaries who are concerned about delay is usually a written request for an update and, where appropriate, for an informal account — not a removal application.

What If Beneficiaries Disagree With the Executor?

Disagreement between beneficiaries and executors is common and, in itself, not a ground for removal. The executor is entitled to exercise judgement on matters such as when to sell real estate, how to defend or compromise a claim, how to deal with chattels and how to manage tax. Provided those decisions are made honestly and within the proper scope of the executor's powers, the Court will not substitute its own view for the executor's.

Disputes most commonly arise about:

• the timing or price of a sale of real estate;
• the distribution of personal effects and chattels;
• the executor's communication with beneficiaries and the quality of information provided;
• the executor's fees, costs and any claim for executor's commission; and
• the handling of contested claims against the estate, including possible family provision applications.

Before any thought is given to removal, beneficiaries should usually do three things: ask the executor in writing for an explanation and an account; obtain independent legal advice on whether the executor's conduct is actually outside the proper scope of the role; and consider whether the dispute can be resolved commercially. Many estate disagreements that look irreconcilable in correspondence settle quickly at mediation once each party understands the law and the cost of contested proceedings.

Can an Executor Be Removed Before Probate?

The mechanism is different before and after probate. Before probate is granted, the named executor has not yet formally accepted office. In that window:

• the named executor can voluntarily renounce probate, in which case any substitute executor or eligible beneficiary can apply for the grant — see our guide on what happens when an executor refusing to act;
• if the named executor will neither act nor renounce, an interested party can apply to the Supreme Court to "pass over" them and grant administration with the Will annexed to another eligible person; or
• in urgent cases, the Court can appoint an interim administrator to preserve the estate pending the substantive application.

After probate has been granted, the executor has accepted office and cannot simply step down. Removal at that stage requires a formal application to the Supreme Court for an order discharging the executor and, usually, appointing a replacement. These applications are more involved and more costly than an application before probate, which is one of the reasons that early advice is valuable.

What Happens If an Executor Is Removed?

When the Court removes an executor, it will normally appoint a replacement at the same time so that the administration of the estate does not stall. The replacement may be:

• an alternative or substitute executor named in the Will;
• a beneficiary, particularly a residuary beneficiary, who is willing and able to take on the role;
• another suitable person nominated by the parties; or
• in difficult or contested cases, an independent professional administrator, often a solicitor or trustee company.

The removed executor is required to account for their dealings with the estate to date and to hand over the original Will (if held), grant of probate, books and records, bank accounts, title documents and any estate funds to the new administrator. The Court has wide powers to make consequential orders — including orders for the taking of accounts, payment of costs and, in serious cases, the repayment of any loss caused by the removed executor's conduct. Where appropriate, the matter may also be considered alongside broader estate administration issues so the work can be picked up and completed cleanly.

Alternatives to Removing an Executor

Removal proceedings are slow, expensive and damaging to family relationships. They should usually be a last resort. In our experience, the issues that drive beneficiaries to consider removal can often be resolved by less drastic means. The most useful alternatives include:

• Direct communication — a written request for an update, a timeline and an account is frequently enough to break a deadlock and restart an estate that has gone quiet.
• Independent legal advice — for both the executor and the beneficiaries. Many disputes arise from a misunderstanding of what the executor is and is not entitled to do; independent advice on each side tends to narrow the issues quickly.
• Mediation — a structured, confidential negotiation between the executor and the beneficiaries, usually with each party legally represented. Mediation can resolve disputes about timing, sale of assets, distribution of chattels, commission and many other issues that would otherwise be litigated.
• Deeds of family arrangement — where the beneficiaries (and, where required, the executor) agree to vary the distribution of the estate or the manner of its administration. Used carefully, a deeds of family arrangement can resolve underlying tension without the need for any Court application.
• Targeted Court applications short of removal — including applications for directions on a specific issue, for the taking of accounts, or for the appointment of a co-administrator to provide independent oversight.

Where these options have been genuinely tried and have not produced a workable outcome, a formal removal application — typically brought as part of contested estate litigation — may become unavoidable. Even then, the threshold for removal remains high and the application should not be commenced without careful advice on the prospects, the cost and the likely outcome.

Practical Steps for Beneficiaries

Beneficiaries who are concerned about how an estate is being administered can usually put themselves in a much stronger position by taking a small number of measured steps:

1. Confirm the basic facts — has the person died, is there a Will, who is named as executor and has probate been granted? The Probate Online Search of the Supreme Court of Victoria will show whether a grant has issued.
2. Write to the executor — a calm, specific written request for an update on the position of the estate, the steps that have been taken and a realistic timeframe for completion.
3. Ask for an informal account — a schedule of assets, liabilities, receipts and payments to date, with supporting documents where appropriate.
4. Keep your own records — copies of all correspondence with the executor, including emails, text messages and notes of telephone calls, in case the dispute escalates.
5. Obtain independent legal advice early — a short, focused consultation will usually clarify whether the executor's conduct is within the proper scope of the role and what realistic options are available.
6. Consider mediation before any Court application is commenced, particularly where the dispute is essentially about money or the management of specific assets.
7. Reserve removal as a last resort — and only after independent advice on prospects, cost and the likely impact on family relationships.

Conclusion

An executor can be removed in Victoria, but only by the Supreme Court and only where the Court is satisfied that removal is in the interests of the estate. The threshold is deliberately high. Beneficiaries' disagreement with decisions, frustration at the pace of the administration or unhappiness with the executor's communication will rarely be enough on their own. Removal is reserved for serious failures of duty, sustained and unexplained inaction, incapacity, dishonesty or a breakdown in administration that cannot be addressed in any other way.

In most cases there is a better path. Clear communication, independent advice on both sides, an informal account and, where necessary, mediation or a deed of family arrangement will resolve the great majority of estate disputes without the cost and delay of a removal application. Where those options have genuinely failed, the Court is there to protect the estate — but it should not be the first step.

If you are a beneficiary or co-executor concerned about how an estate is being administered in Victoria, early legal advice is the single most useful step. It will usually save time, money and relationships, whatever the ultimate outcome.

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