This area of law is governed by s 34 of the Administration and Probate Act. This section describes the situations in which an executor can be removed as being:
- If the executor/administrator remains out of Victoria for more than two years;
- If they desire to be discharged from this office;
- If they are unfit or incapable to act in this office; or
- If they have committed a breach of trust.
Executors entitlements under a Will
Executors can only make limited claims for the duties they perform. They are entitled to expenses incurred in carrying out the Will, and they may also make claims for executor’s commission. Executor’s commission is not an automatic right, but it is possible if the Will provides for it or if all the beneficiaries have agreed to it, or the Executor makes application to the Court for such allowance. Other than these circumstances, executors are not entitled to reap any benefit under the Will.