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15. If the personal representative fails to administer the estate properly, what can the beneficiary do?


The beneficiary may commence an administration action to compel the personal representative to do his/her work properly. In appropriate cases, the beneficiary may also apply to Court for the removal of the personal representative and for a replacement administrator to be appointed instead.


If a beneficiary is of the view that the personal representative has wasted the assets the estate by misconduct or negligence and is minded to recover those assets from the personal representative, there may be certain statutory limitation period applicable (usually but not necessarily 6 years). Exactly when the limitation starts to run and when it expires can be technical and complicated. It is advisable to seek legal advice as soon as possible.