South Australian Numbered Acts South Australian Numbered Acts98—Remedy if executor or administrator fails to perform duties etc
(1) If an executor or administrator—
(a) fails to perform any duties required of the executor or administrator by law in the administration of a deceased estate; or
(b) fails to comply with any undertaking given to the Court as to the administration of a deceased estate; or
(c) fails to comply with any direction of the Court or the Registrar as to the administration of a deceased estate,
the Court may, on the application of a person aggrieved by the failure, make any order it considers appropriate.
(2) Without limiting subsection (1)
, the Court may make any or all of the following orders:
(a) an order requiring the executor or administrator to pay into the estate of the deceased person an amount equivalent to any financial benefit the executor or administrator has obtained (whether directly or indirectly) as a result of their failure;
(b) an order requiring the executor or administrator to compensate any person who has suffered loss or damage as a result of their failure;
(c) any other order that the Court considers appropriate to compensate persons who have suffered loss or damage as a result of the failure of the executor or administrator.
(3) An application for an order under this section must be made within 3 years from the time that the person aggrieved by the failure of the executor or administrator becomes aware of the failure.