6. Duty of Not to Waste and Duty as a Fiduciary

A personal representative has a duty to administer the assets of the estate according to the law with due diligence. He or she may be liable personally for the resulting waste if he/she failed such duty by wilful misconduct or negligence etc.

As a fiduciary, a personal presentative is bound to do his best for the benefit of the estate. If he/she profit himself/herself from the estate, e.g. use the estate’s money to invest for his/her own profit, he/she will liable to account for the profit so earned.

If the personal representative steals form the estate, he/she may further be criminally liable.