An executor who occupies estate property rent-free, uses disputed claims against a co-beneficiary to delay realisation and distribution of the estate, and is unable to resolve conflicts of interest with beneficiaries is 'unfit to act' within s 34(1)(c) of the Administration and Probate Act 1958 (Vic). The existence of conflicts of interest does not of itself render an executor unfit; it is the inability to act independently and deal adequately with those conflicts that necessitates removal. A testator's choice of executor should not be lightly set aside, but where the welfare of the beneficiaries is opposed to the executor's continued occupation of office, removal is warranted.
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