NSW Duty of care - injury as a result of negligence

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Well-Known Member
17 February 2016
My 100 yr old mother passed away as a direct result of breaking her hip - she actually tripped over torn and rotting carpet. She had a Financial Guardian at the time who did nothing to maintain the property she was in. I did seek informal legal advice and was advised that "retention would be low" even if the case was won. I assume that means that any compensation would be so minimal that legal costs would consume any compensation payout.

This same person is now executor of her will - and is trashing the estate.

a) Surely this guy should be exempt as executor
b) Surely compensation is owing?