SUCCESSION: Executors can't hide
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SUCCESSION: Executors can't hide
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CASE: Suzanne Dale Smith by her next friend the Public Trustee -v- Marion Kathryn Partridge as executor of the Estate of Thomas Smith [2018] WASC 128
Marion was the executor of her late father Thomas Smith's estate. In her capacity as executor, she transferred Thomas's house into her name, and held all of the funds in his estate.
The Court Ordered that Thomas's other daughter, Suzanne, also receive provision from Thomas's estate.
That's when Marion went to ground. She didn't comply with the Court Orders to pay Suzanne her money.
Suzanne started new proceedings against Marion, seeking to have Marion removed from the position of executor. Marion was ordered to appear before the Court, but she didn't.
It is a disturbing thing when the executor uses the law to get all of the deceased's assets and then hides from the responsibilities of that position.