Can an Executor refuse to act?

When someone prepares a Will, they appoint an executor to administer their estate after they pass away. But what happens if that executor simply doesn't want the job—or refuses to cooperate?

This is one of the most common questions we receive, particularly where multiple executors have been appointed and one of them is unwilling or unable to participate in the administration of the estate.

The good news is that an executor cannot prevent an estate from being administered simply by refusing to act.

Can an Executor Refuse to Act?

Yes. A person named as an executor is not legally obliged to accept the role.

If they have not yet taken steps to administer the estate, they may choose to renounce Probate, allowing another executor (if one has been appointed) to proceed with the administration.

In many cases, this is the simplest and most cost-effective solution.

What if an Executor Won't Cooperate?

Problems often arise where an executor does not formally renounce their appointment but instead ignores correspondence, refuses to sign Probate documents, or simply fails to engage in the process. This can leave beneficiaries feeling frustrated and uncertain about what happens next.

Fortunately, the law provides several options depending on the circumstances.

For example, it may be possible for:

• the remaining executor to apply for Probate alone;

• the Court to pass over or remove the non-participating executor; or

• the Court to make other orders to ensure the estate can be properly administered.

The appropriate course of action will depend on the wording of the Will, the extent of the executor's involvement, and the reasons they are refusing or failing to act.

Can an Executor Be Removed?

Yes.

If an executor is refusing to perform their duties or their conduct is preventing the proper administration of the estate, the Supreme Court has the power to remove or pass over that executor in appropriate circumstances. Every case is different, and the Court will always focus on what is in the best interests of the estate and its beneficiaries.

For that reason, it is important to obtain legal advice before commencing any Court application.

Do You Always Need to Go to Court?

Not necessarily.

Many disputes involving executors can be resolved through sensible communication before formal Court proceedings become necessary. In some matters, a solicitor's letter outlining the executor's obligations is enough to move the administration forward. In others, an application to the Supreme Court may be unavoidable.

Obtaining advice early can often save significant time, expense and unnecessary conflict.

Need Advice About an Executor Who Won't Act?

If you are dealing with an executor who has refused to act, won't cooperate, or is delaying the administration of an estate, obtaining legal advice early can help identify the most efficient path forward.

At Kenney Legal, we regularly advise executors and beneficiaries on Probate applications, executor disputes, and estate administration throughout Victoria. If you're unsure of your options, we'd be happy to discuss your circumstances and provide practical, straightforward advice.

Please note, this article is general in nature and does not take into account your personal situation or circumstances. For further information please contact Kenney Legal at info@kenneylegal.com.au or contact us via our social media networks.