WILLS, PROBATE AND ADMINISTRATION — executors — application for removal of executor — allegations that executor mismanaged affairs of estate — where funds were paid into working account of company owned by executor — no authorisation for executor to mix estate moneys with his own — executor concealed movement of money by wrongly describing payments made — where accountant and financial advisor appointed as executor and trustee of will — clause in will authorising right to charge professional hourly rate "in connection with the trusts in this Will" payable from the estate — executor withdrew moneys on account of such remuneration in advance of the doing of work for which invoices were later rendered — time sheets provided were not contemporaneous — amounts charged were excessive — whether estate as been put into jeopardy by reason of breaches of duty
WILLS, PROBATE AND ADMINISTRATION — letters of administration with the will annexed — appointment of administrator — proposed trustee company declined to act — where plaintiffs sought order that chartered accountant be appointed as administrator — where no evidence of fitness to be appointed as executor nor of experience as trustee or executor of will — no evidence of knowledge of ongoing dispute between beneficiaries — no evidence of willingness to be appointed if not entitled to charge — appointment of the NSW Trustee and Guardian pursuant to NSW Trustee and Guardian Act 2009, s 22
Case Details
Citation[2012] NSWSC 1166
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
