The situation
When their mother died, the family assumed things would be handled.
It was a blended family — eight children and stepchildren in total. The estate was straightforward. The main asset was a house on Bribie Island, Queensland. A daughter was named as sole executor and trustee.
She accepted the role.
Then nothing happened.
What went wrong
For more than three and a half years, the executor did not progress the estate.
The Bribie Island house sat empty — unvalued, unlisted, unsold. No steps were taken to distribute anything.
Tax returns weren’t lodged. Three financial years passed without any filings for the estate.
The other beneficiaries — her own siblings and stepsiblings — asked questions. They asked for information. They asked for accounts.
They got nothing.
The impact
Because the property wasn’t sold within two years of death, it would now attract capital gains tax — a liability that could have been avoided entirely.
The estate was exposed to unnecessary cost. The beneficiaries were left in limbo — unsure what was happening, unable to access what they were entitled to, and unable to move on.
Red Flag: Total Silence
No communication for over three years. No progress reports. No response to requests. Complete executor abandonment of duty.
Eventually, one of the beneficiaries had no choice but to take the matter to court.
The outcome
The Queensland Supreme Court revoked the grant of probate and removed the executor from her role.
Letters of administration were granted to an independent solicitor — someone with no family connection, appointed to do what should have been done years earlier.
The court recognised that the application had been necessary — not just for the applicant, but for all the beneficiaries. It ordered the removed executor to pay a portion of the legal costs personally. The rest came from the estate.
Case reference: Newman v Predo [2022] QSC 170
What could have helped
This situation may have been avoided if the executor had understood what the role required — and been honest about whether she could do it.
Better Approach: Decline Early if You Can't Act
If you're unwilling or unable to fulfill executor duties, it's better to step aside immediately than let the estate stall for years.
An executor doesn’t need legal or financial expertise. But they do need to act. They need to communicate. They need to move things forward.
If you can’t do those things — or don’t want to — it’s better to step aside early than to let the estate stall while your family waits in silence.
Why this matters
Accepting the role of executor is a responsibility, not an honour.
When an executor does nothing, the people left behind can’t move on. They can’t access what’s theirs. They can’t close the chapter.
And when inaction drags on long enough, the only way forward is through the courts — which costs everyone time, money, and what’s left of their patience.