What are my rights if an executor is not acting in WA?

When a loved one passes away, beneficiaries expect the executor to step in, administer the estate, and carry out the wishes set out in the Will.

But what happens when the executor does nothing?

If you are dealing with an executor who is delaying, refusing to communicate, or failing to act, you do have rights — and there are steps you can take to protect your position.

What Is an Executor Required to Do?

An executor has a legal obligation to properly administer the estate. This includes:

• applying for probate (if required);

• identifying and securing estate assets;

• paying debts and liabilities;

• keeping proper accounts; and

• distributing the estate to beneficiaries.

They must act:

• honestly;

• in good faith; and

• in the best interests of the beneficiaries.

Signs an Executor Is Not Acting Properly

You may have grounds for concern if the executor is:

• delaying the administration without explanation;

• refusing to provide information or updates;

• failing to apply for probate;

• using estate assets for personal benefit;

• not responding to correspondence; or

• causing unnecessary delays in distribution.

While some delay is normal, prolonged inaction or lack of transparency is not.

What Are Your Rights as a Beneficiary?

If you are a beneficiary, you are entitled to:

1. Information About the Estate

You have the right to request:

• updates on the administration;

• details of estate assets and liabilities; and

• an explanation for delays.

2. Proper Administration of the Estate

Executors must act diligently and without unreasonable delay. They cannot simply “sit on” an estate.

3. To Challenge the Executor’s Conduct

If concerns are serious, you can take steps to challenge the executor, including applying to the Court.

What Can You Do If the Executor Is Not Acting?

Step 1: Request Information (Formally)

Start by making a written request for:

• a status update;

• confirmation of steps taken; and

• expected timeframes.

This creates a paper trail.

Step 2: Seek Legal Advice Early

If the executor continues to delay or refuses to engage, it is important to get advice early to understand your options.

Step 3: Apply to the Court

Depending on the situation, the Court can:

• compel the executor to act;

• require the executor to provide accounts;

• remove the executor; and

• appoint a replacement administrator.

In serious cases, the Court can revoke a grant of probate where the executor has failed to properly administer the estate.

When Will the Court Remove an Executor?

The Court will intervene where there is:

• persistent delay or inaction;

• failure to administer the estate;

• conflict of interest;

• misconduct or misuse of estate assets; or

• a breakdown in trust that affects proper administration.

The key question is whether the estate is being properly administered.

How Long Is Too Long?

There is no strict timeframe, but generally:

• estates should begin progressing within a few months;

• probate is typically applied for within a reasonable time after death;

• delays beyond 12 months without good reason may raise concerns.

Every case depends on complexity — but silence and inaction are red flags.

Practical Tip

Before escalating matters, it is often worth attempting to resolve the issue first. However, if delays continue, acting promptly can prevent further loss or complications.

How We Can Help

We regularly act for beneficiaries, executors and administrators in disputes involving delayed or mismanaged estates.

We can:

• assess the executor’s conduct;

• correspond on your behalf;

• compel disclosure of information; and

• apply to the Court to protect your interests.

Speak With Us

If you are dealing with an executor who is not acting, it is important to understand your rights early.

Contact us for clear, strategic advice on your position and the options available to you.