Summary
A beneficiary in Western Australia can bring legal action against a solicitor or professional executor after signing a deed of family arrangement if there is a breach of duty, fraud, misrepresentation, or undue influence. The terms of the deed may also allow such action. Legal indemnity not covering accounts does not necessarily prevent holding the solicitor or executor accountable. For specific concerns, consult the Supreme Court of Western Australia.Full Conversation
Western australia
In Western Australia, a beneficiary may be able to bring legal action against a solicitor or a professional executor after signing a deed of family arrangement under certain circumstances:
- Breach of duty by the solicitor or executor.
- Fraud, misrepresentation, or undue influence.
- Terms within the deed of family arrangement allowing such action.
Supreme Court of Western Australia
Phone: +* * * *
Address: David Malcolm Justice Centre, * Barrack Street, Perth WA *
Website: www.supremecourt.wa.gov.auDo you have any specific concerns regarding the terms of the deed or the conduct of the solicitor/executor?
Legal indemnity not pass accounts
In Western Australia, if a legal indemnity does not cover the accounts, a beneficiary might still hold the solicitor or executor accountable if:
- There's a breach of duty.
- There's evidence of fraud or misrepresentation.
- The deed's terms allow it.
~Supreme Court of Western Australia
Phone: +* * * *
Address: David Malcolm Justice Centre, * Barrack Street, Perth WA *
Website: www.supremecourt.wa.gov.au
Could you clarify if there have been any specific instances or actions that raise your concerns?
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