The situation
Anna and Michael had been together for years. They weren’t married, but they had built a life — a home, shared finances, and the quiet understanding that comes with long partnership.
When Michael died in November 2018, Anna expected the estate to be handled promptly. It wasn’t complicated. There was a valid will. She was named as a beneficiary.
The executor was Michael’s brother, David.
Anna assumed David would take care of things. Apply for probate. Pay the bills. Distribute the assets. Keep her informed.
She was wrong.
What went wrong
Months passed. Then a year. Then two.
David did not apply for probate.
Anna’s solicitor sent letters requesting information about the estate. David didn’t respond. The Probate Registry sent formal requisitions — official requests that executors are legally required to answer. David either ignored them or provided answers so incomplete they triggered further requisitions.
Estate debts went unpaid. Assets sat frozen. Anna couldn’t access anything.
When Anna’s lawyers suggested mediation — a chance to resolve things without going to court — David refused to engage.
By the time Anna filed an application in the Victorian Supreme Court, it had been almost five years since Michael’s death. Three of those years had passed before David even lodged a probate application.
The impact
For Anna, the delay wasn’t just administrative. It was personal.
Michael Dies
David is named executor. Anna expects prompt administration.
Silence
No probate application. Letters go unanswered.
Finally Files for Probate
Three years after death, David finally lodges application.
Court Removes Him
After 5 years, court appoints replacement executor.
She had lost her partner. Now she was also losing time, money, and peace of mind — fighting to access what Michael had left her.
And through it all, silence from David. No updates. No explanations. No accountability.
Red Flag: Complete Non-Cooperation
Five years of silence. No probate application for three years. No responses to letters. No engagement with mediation. Total executor abandonment.
The outcome
In August 2023, Justice Moore of the Supreme Court of Victoria delivered judgement.
The court found that David had failed to properly discharge his duties as executor. Specifically, he had:
- Showed unreasonable delay in applying for probate
- Failed to respond to requisitions from the Registrar of Probates
- Ignored repeated requests for information from Anna’s solicitor
- Neglected to pay the estate’s debts
- Refused to cooperate or engage in mediation
David offered excuses. COVID-19 had caused delays. He’d had personal health problems. His own solicitor had let him down.
The court rejected these arguments.
Justice Moore made clear that “although executors engage solicitors for advice and assistance, the responsibility for the actions — or inactions — remains with the executor.” Blaming your lawyer doesn’t get you off the hook.
David was passed over as executor. The court appointed someone else to administer the estate.
What could have helped
This situation could have been avoided — or at least shortened — with better choices at the outset.
Better Approach: Choose an Executor Who Will Act
Family connection isn't enough. Choose someone willing to respond, communicate, and prioritise the estate. Consider naming a professional or backup executor.
Choose an executor who will act. Michael may have thought his brother was a safe choice. But willingness matters as much as family connection. An executor who won’t respond to letters, won’t engage with the process, and won’t prioritise the estate is worse than no executor at all.
Name a backup. If David had declined or been removed earlier, a substitute executor named in the will could have stepped in without court involvement.
Consider a professional. A solicitor or trustee company won’t disappear for years. They have systems, accountability, and legal obligations that family members sometimes lack.
Communicate expectations. If Michael had discussed the role with David beforehand — what it involved, how long it might take, whether David was willing — problems might have surfaced before they mattered.
Why this matters
Executors have legal duties. They must act promptly, communicate with beneficiaries, respond to official requests, and administer the estate in good faith.
When they don’t, beneficiaries suffer. And the courts will intervene.
This case is a reminder that being named executor is not a passive role. It’s not something you can ignore, delay indefinitely, or delegate entirely to a solicitor. The responsibility stays with you.
For anyone making a will, the lesson is simple: choose someone who will actually do the job. And for anyone dealing with an unresponsive executor, know that you have options. The court can — and will — step in when an executor fails to act.
Related topics
Based on Jedrzejewska v Sheedy [2023] VSC 511, Supreme Court of Victoria. Names have been changed.