Case Success: When an Executor Fails to Act — Your Right to Step In: McCullough v Haigh as Executor [2025] WASC 352

When a loved one dies, beneficiaries expect an executor to act fairly, promptly, and lawfully. But what happens when the executor does nothing at all?

In August 2025, Counsel, Danielle Lisa of Legato Law, successfully obtained one of the strongest remedies available in the probate jurisdiction: revocation of a grant of probate due to persistent neglect and refusal to administer an estate. Justice Gething of the Supreme Court of Western Australia agreed entirely with our submissions and appointed our client as the new administrator.

This is a significant decision, not only for our client, but as a reminder to the community that beneficiaries are not powerless when executors fail in their duties.

🔍 Background of the Case

The deceased left a 2006 Will naming his sister, Deborah Ann Haigh, as executor. His children, including the plaintiff, were equal beneficiaries.

Despite being issued a grant of probate in May 2024, Ms Haigh:

-failed to take any steps to administer the estate

-ignored repeated reasonable requests for information

-failed to account for rent received from estate property

-did not provide documents, bank statements, superannuation details or estate accounts

-failed to sell the estate property or prepare it for sale

-breached two court citations, including failing to return the original grant when ordered

The estate remained completely unadministered.

Our client sought court intervention under the Supreme Court’s inherent jurisdiction to revoke the grant and replace the executor.

⚖️ The Court’s Findings

Justice Gething accepted all of our evidence and arguments.

Key findings:

-The executor had persistently neglected or refused to administer the estate- a recognised ground for revocation.

-Her failure to comply with the court’s direction to return the original grant was “particularly telling”.

-This was not a borderline case - the executor had not even attempted to administer the estate.

Our client had demonstrated diligence, responsibility and an appropriate willingness to administer the estate lawfully.

The Court emphasised that revocation is a serious and cautious power, but entirely justified in this case.

🏆 Outcome: A Complete Win for Our Client

The Court made comprehensive orders, including:

✔️ Revocation of the executor’s grant of probate

✔️ Appointment of our client as administrator with the Will annexed

✔️ Mandatory production of all estate documents and accounting

✔️ Compulsory examination of the former executor under oath

✔️ Costs awarded to our client

This level of relief is rare and reflects the seriousness of the executor’s inaction and the strength of the case presented.

📌 Why This Case Matters

1. Beneficiaries Have Rights and Real Remedies

Executors are not above accountability. When they refuse to perform their duties, the Court can and will intervene.

2. Revocation Is Possible - Even Against a Named Executor in a Will

Many people assume the executor chosen in the Will cannot be changed. This case confirms the opposite when circumstances justify it.

3. Executor Duties Are Serious Legal Obligations

Executors must:

-act promptly

-communicate clearly

-account for estate assets

-comply with court directions

-act in the best interests of beneficiaries

Failure to do so exposes them to removal, examination, and personal costs orders.

4. Proactive Legal Action Can Unblock Stalled Estates

Our client spent over two years waiting for action. With strategic steps, proper citations, and strong evidence, we were able to unlock the estate's administration and protect her entitlements.

⭐ A Message to Beneficiaries & Families

If you are a beneficiary and the executor is:

-withholding information

-delaying administration

-failing to distribute assets

-refusing to communicate

-ignoring their obligations

or worse - intermeddling without authority

…you do not have to wait indefinitely.

This case is a clear demonstration of how beneficiaries can regain control and ensure an estate is properly administered.

💬 Need Help With an Executor Who Isn’t Doing Their Job?

We can guide you through the steps and help protect your rights.

Call us on 9301 0887

About the Author

Danielle Lisa (Principal Lawyer)

Danielle Rose is the Principal Solicitor and founder of Legato Law, a boutique practice in Western Australia known for its sharp advocacy, meticulous legal work, and unwavering commitment to client care.

Danielle specialises in Wills & Estates litigation, including executor removal applications, Family Provision Act claims, probate disputes, and complex estate administration issues. She is recognised for her strategic approach, exceptional written advocacy, and ability to navigate emotionally charged matters with both firmness and compassion.

In addition to her estate litigation work, Danielle also advises across civil litigation, property law, commercial matters, and family law intersections, offering clients a holistic and skilled legal service.

Her practice philosophy is simple:

Clarity. Precision. Heart.

Every matter, big or small, is handled with the focus and dedication clients deserve.

When she’s not in court or drafting submissions, Danielle enjoys music, creative projects, travelling with her family, and building meaningful connections within her community.