Arrest order issued for failure to administrate an estate…

A High Court judge has ordered the arrest of a woman who failed to pay over $449,000 from an Estate of which she was the Administrator. The High Court had previously ordered the woman to pay this sum, but when the woman failed to pay, an application was brought to the Court for an arrest order.

An Administrator is somebody who is appointed by the Court to manage the Estate of someone who dies without a Will.

The Court decided that the woman was acting in a fiduciary capacity, because as Administrator she had power over the beneficiaries of the Estate to distribute the Estate to them as ordered by the Court.

It was also found that the money that was ordered to be paid was at one point in the woman’s personal possession. This was sufficient to satisfy an arrest order and the arrest order was therefore granted.

This arrest order could have easily been avoided if the woman had adequately performed her duty as Administrator of the Estate. As an Administrator of an Estate, it is crucial that you accurately follow all instructions laid out before you to ensure that everyone receives what they are rightfully owed. Failure to perform this duty can lead to expensive, and time consuming, consequences. Arrest is possible too in bad enough circumstances, as can be seen from this example.

If you are contemplating an application to the court for a claim against an Estate, or if you are an Administrator to an Estate and are unsure as to the correct process, it is wise to seek advice from a professional in the area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Shaun Cousins