Section 6(1) of the Succession Act 1981 (Qld) confers power to remove executors who have not obtained a grant of probate and to appoint an administrator in their stead. An applicant for family provision under s 41 who is not a beneficiary under the will does not have standing to apply for removal of executors. Executors who make unauthorised withdrawals from estate funds, fail to disclose those withdrawals, delay applying for probate, and fail to comply with court directions demonstrate a lack of understanding of their fiduciary obligations warranting removal.
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