The duty of an executor/administrator to uphold the will

Hallen AsJ said in Morrison v Abbott [2012] NSWSC 320: 72. It is well established that, in proceedings for a family provision order, the primary duty of the executor or administrator, as defendant, is to uphold the deceased’s will and to put before the court any necessary material that can reasonably be found to assist the court: Vasiljev v Public Trustee [1974] 2 NSWLR 497. 73.  Of course, the duty to uphold the deceased’s will is not an absolute duty. In Re Will of Lanfear (1940) 57 WN (NSW) 181, Williams J said, at 183: In an ordinary case, especially where the estate is a small one, it is the duty of the executors either to compromise the claim, or to contest it and seek to uphold the provisions of the will.


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