The executor isn't dealing with the estate properly. What can I do?

General information from Lawmateanz

In New Zealand, an executor or administrator must administer the estate properly. That means collecting the assets, paying debts, distributing the estate according to the will, and keeping beneficiaries reasonably informed.

Start by asking the executor in writing for information, such as a list of assets and debts and the expected timeframe. Beneficiaries are usually entitled to this.

If the executor still won't act, is delaying without reason, or seems to be acting in their own interests, you can apply to the High Court. The court can order them to account for the estate or, in serious cases, remove and replace them.

Executors aren't usually expected to distribute the estate within the first six months, because of the time limits for claims against the estate.

An estates lawyer can advise on the best approach, and Community Law Centres have free information.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

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