Hi Irene,
If an executor has breached his or her duties, you can commence a legal action against them in the Supreme Court. Executors have a duty to preserve, protect and administer the estate diligently so if an estate is wasted as a result of deliberate or negligent acts on the executor's part this may amount to a breach. Where liable for breach of duty a misbehaving executor must make good any loss to the estate.
A breach may occur where the executor/s:
- misappropriates or uses an estate’s assets to pay personal liabilities or fraudulently disposes of them for a profit
- fails to demand and enforce payment of a debt owed to an estate;
- fails to observe the provisions or directions in a will;
- makes a profit whilst acting in their capacity as executor;
- makes unauthorised investments resulting in a loss;
- Uses the estate to pay for personal debts.
Beware though, a court will not take lightly an application to remove an executor, you would need to have clear an unequivocal evidence that he or she has committed fraud in connection with the estate. I would speak with an estate lawyer about your situation.
Common Wills and Estates Administration Issues - Legal Blog - LawAnswers.com.au