An executor who adheres to the terms of a will in good faith and with diligence, including by exercising a power of sale when conditions of a life tenancy are breached, is not unfit to act within the meaning of s 34(1)(c) of the Administration and Probate Act 1958 (Vic). A beneficiary's disagreement with the executor's adherence to the will does not constitute a good reason for removal.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.