Executor Fraud

Executor fraud occurs when the executor of a deceased estate fails to adhere to their fiduciary duty and instead acts dishonestly for their own gain or benefit. This can include embezzling estate funds, misrepresenting the value of estate assets, or unfairly distributing the estate to beneficiaries.

Executor fraud not only violates the trust placed in the executor by the deceased person but also robs the rightful beneficiary or beneficiaries of their inheritance. Executor fraud is often uncovered when a beneficiary becomes suspicious of the executor's behaviour. If you suspect executor fraud, our experienced estate lawyers will act promptly to ensure the administration of the estate is handled honestly and correctly.

If you or any other beneficiaries are suspicious of executor misconduct or fraud, there are warning signs that you can look out for. Examples of executor fraud can include unexplained delays in the distribution of assets, missing or altered financial statements, unauthorised financial transactions with the deceased’s bank accounts, and selling assets without approval.

Additionally, the executor may demonstrate uncooperative behaviour and fail to provide regular updates or transparent communication about the administration of the estate.  If the executor delays or fails to notify beneficiaries, this may also suggest executor fraud.

If you suspect any of these signs, it’s crucial to seek legal advice from one of our experienced lawyers immediately.

If you see or suspect an executor is acting fraudulently, it is imperative that you act swiftly to protect the estate and the beneficiaries. The best way to start is to gather evidence of executor misconduct. This can include the executor's secretive behaviour, lack of communication, financial inconsistencies and any other issues with the estate administration. 

The next step is to consult with one of our dedicated estate lawyers. Our team will provide expert advice and guidance to help you understand your legal options. 

Yes, if there is reason to believe that an executor is acting fraudulently, the Supreme Court of Queensland can remove an executor by revoking the grant of probate and appointing a new executor or administrator. The court will make this decision if they deem the executor has acted in opposition to the best interests of the estate and the beneficiaries. 

Executor fraud can carry serious consequences, including personal liability for any financial loss related to the fraudulent executor acts. The Supreme Courts in Australia have the right to revoke probate when an executor fails to act according to the wishes of the deceased. If the executor is found to have committed deliberate acts of fraud, this can be viewed as a criminal act, and they may face criminal charges.

If you have been accused of executor fraud, it is important to take this accusation seriously and seek legal representation. Even if the comment was made in an off-hand way, beneficiaries can take legal action against you if they believe that you acted fraudulently when administering the deceased estate.

Executor fraud can be incredibly distressing, but our experienced estate lawyers are well-equipped to protect you from estate disputes and executor fraud. 

With our extensive knowledge of probate and estate law, our legal experts can identify and address potential red flags early on, ensuring that the executor fulfils their duties ethically and transparently. 

If you are suspicious of executor fraud, our estate lawyers can help you navigate the best course of action to ensure estate administration is handled correctly and in line with the wishes of the deceased.