An interesting decision handed down last week (Qld District Court, McGill DCJ) where an executor distributed the estate just after the 9 months expired. Then attempted to rely on distribution to defend FPA. Negotiations had been continuing when the time expired.
The application for summary dismissal was dismissed. Executor was joined personally to the action and ordered to personally pay the costs. Judge particularly critical of the executor’s conduct, which he described as “disgraceful” and reliance on “shabby tricks”.
A salutary warning to executors and those acting for them.