Appointment of new administrator may delay completion of administration
Quick Take
1The discretion to remove an administrator under s 34 of the Administration and Probate Act 1958 (Vic) is exercised with a view to the interests of all beneficiaries, the security of estate property, and the efficient execution of the estate trust; dissatisfaction by one of six beneficiaries with the pace or manner of administration does not by itself justify removal.
2Where an administrator provides plausible explanations for delay — including protracted litigation, complex asset structures, and non-cooperation by other stakeholders — and demonstrates a concrete plan for completing outstanding tasks, the court will not replace the administrator, particularly where doing so would itself cause further delay and cost.
3An independent professional administrator is preferable to a beneficiary-administrator where there are two competing family groups among the beneficiaries, even where the beneficiary applicant is willing to serve.
