Can an Executor Be Personally Liable for Losses to the Estate?
Executors can be personally liable for estate losses through negligence or devastavit. Understand when mismanagement crosses the line and how to protect yourself.
Content
Practice Area
132 articles · page 1 of 11
When an Estate Cannot Pay Its Debts: Understanding Insolvent Estates in Australia
What happens when a deceased estate has more debts than assets? Learn how insolvent estates work, who gets paid first, and what executors, beneficiaries and creditors need to do.
How Do You Remove an Executor Who Is Not Doing Their Job?
Court applications to remove executors require evidence of unfitness, serious delay, or misconduct. Learn when removal is justified and what evidence you need.
How Much Does It Cost to Defend a Shareholder Dispute and Who Ultimately Pays?
Understand the real cost of shareholder disputes in Australia, who bears those costs, and when directors face personal liability. Practical guide for business owners.
Family Settlement Agreements in Estate Disputes: What You Need to Know
Learn what a family settlement agreement is, when you need one in an estate dispute, who must sign, and how to avoid tax traps. Practical guidance for business owners and families.
When the Executor Lives in the Estate Property Rent Free: A Practical Guide for Beneficiaries
What can you do if the executor is living in the estate property rent free? Learn about occupation rent, your rights as a beneficiary, and practical steps to protect the estate.
How Do Disputes Arise Over Superannuation Death Benefit Tax Treatment?
Super death benefit tax disputes arise when trustees, tax law, and estate documents point in different directions. Understand who pays tax, who qualifies as a dependant, and what to do if the treatment looks wrong.
What Happens When the ATO Disputes the CGT Position on Inherited Assets?
When the ATO challenges your CGT treatment of inherited assets, the issue is usually evidence, not interpretation. Here's what to expect and how to respond strategically.
What Is the Difference Between GIC and SIC on an ATO Tax Debt?
Understand the difference between GIC and SIC on ATO tax debts, how they affect your business cash flow, and what you can do to manage or reduce these charges.
What Are the Early Warning Signs of an Estate Dispute?
Spot inheritance trouble early. Learn the warning signs of estate disputes, document changes, isolation, executor delays, before litigation becomes inevitable.
What Is an Executor’s Right of Indemnity? A Practical Guide for Australian Estates
An executor's right of indemnity allows properly incurred estate expenses to be recovered from the estate. Learn when executors can claim reimbursement and when they cannot.
When Does a Family Trust Distribution Become the Start of a Dispute?
Most trust disputes start quietly: a distribution with no explanation, unequal treatment without reasons, or missing records. Learn the warning signs that turn a distribution decision into a legal problem.