A beneficiary is entitled to what is stated in the will, and they are entitled to it as soon as practical. They are also entitled to all information relating to their entitlements in the estate.

This entitlement is call the right to the due administration of the estate: to have the executor collect the assets, pay the liabilities, distribute the entitlement, and account for what has been done: Succession Act 2023 (SA) section 81.

A beneficiary is entitled to information sufficient to see that the estate is being administered according to law, and if they find that their entitlements have been mismanaged, or stolen, they are able to sue the executor the estate.

Where an executor withholds information or is thought to be administering the estate badly, a beneficiary can apply to the Supreme Court’s testamentary jurisdiction. The Court may revoke a grant to an executor (strip them of their power) (Supreme Court Act 1935 (SA) section 18(1)(a); Uniform Civil Rules 2020 (SA) r 254.2(b), (d)), pass the executor over and grant to another where that is appropriate for the proper administration of the estate (Succession Act 2023 (SA) s 67), and grant special administration where the estate has been left un-administered for 12 months (section 68).

A beneficiary can apply for a Statement of Account (a formal statement from the executor, explaining each and every transaction undertaken on behalf of the estate), and that documents are produced and most importantly and significantly, costs orders.

The threat of a costs order is often enough to compel the most non-compliant executors to heel if they are made aware they will have to pay for their non-compliance.