Under South Australian law, executors do not owe fiduciary duties to potential claimants under the Inheritance (Family Provision) Act 1972 (SA). The executor's duty and liability to family provision claimants is dependent upon the claimant establishing their entitlement to provision. The New Zealand line of authority recognising a fiduciary duty of even-handedness owed by executors to potential claimants ([name withheld] v Public Trustee, [name withheld] v Public Trust) does not represent the law in South Australia. Where an estate has been partially distributed and the limitation period has expired, any extension of time confines the claim to undistributed assets only. The possibility of fiduciary duties arising in exceptional circumstances involving particular vulnerability remains open.
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