Jennifer Haslip

An executor or administrator who is derelict in his or her duty is personally liable for damages caused in the administration of the estate.

Liability may arise from:

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• Improperly managing the assets of the estate;

• Failing to collect claims and moneys due the estate;

• Overpaying claimants;

• Selling an asset without the authority or at an inappropriate price;

• Neglecting to file tax returns on time, and;

• Distributing property to the wrong beneficiaries, etc.

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This means that the Personal Representative could be responsible for paying for the loss out of his or her own pocket.