The Court removed an executor and trustee of a deceased estate under s 34(1)(c) of the Administration and Probate Act 1958 (Vic) on the basis of undue delay in administration (three years post-grant with no distribution), failure to communicate with or provide information to beneficiaries, and a conflict of interest arising from a judgment debt owed by the executor to a beneficiary. The Court also ordered indemnity costs personally against the removed executor, finding that his dereliction of duty necessitated the proceeding and that his unauthorised registration as proprietor of estate property in a capacity to which he was never appointed caused confusion requiring further investigation. The Court confirmed that s 17 of the APA does not create a chain of representation in respect of intestacy estates.
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