Pajic v Lepan

Pajic v Lepan is a decision of the Supreme Court of Victoria that involved the revocation of a grant of probate to an executor who had failed to complete the administration of a deceased's estate within the required timeframe. The deceased, Branko Pajic, passed away on 10 September 2007, leaving behind an estate that was to be administered by the respondent, Dragoslav Lepan. The petitioner, Ljubica Pajic, sought the revocation of the grant of probate on the grounds that the executor had not completed the administration of the estate within three years of the deceased's death, had left the deceased's property vacant, and had demanded an excessive commission for their services.

The central legal issue before the court was whether the executor's failure to complete the administration of the estate within the prescribed time, coupled with their inefficiency and excessive commission demands, constituted sufficient grounds for the revocation of the grant of probate. The court was required to consider whether the executor's conduct was such that it warranted the removal of their authority to administer the estate.

The court found that the executor's delay and inefficiency in administering the estate were inexcusable. The executor had failed to take necessary steps to complete the administration within the three-year period, and had left the deceased's property vacant for an extended period. Furthermore, the court was critical of the executor's demand for a high commission, which it found to be unreasonable and unjustified. Given these factors, the court concluded that the executor's conduct warranted the revocation of the grant of probate. The court held that the executor's failure to complete the administration of the estate within the required timeframe, coupled with their inefficiency and excessive commission demands, constituted sufficient grounds for the revocation of the grant of probate. The court emphasised the importance of executors fulfilling their duties in a timely and efficient manner, and held that the executor's conduct in this case fell well short of the standard expected of them.

The final orders of the court were that the grant of probate issued to Dragoslav Lepan be revoked, and that letters of administration be issued to Ljubica Pajic. The court also ordered that Dragoslav Lepan pay the costs of the proceedings. This decision serves as a reminder to executors of the importance of fulfilling their duties in a timely and efficient manner, and of the consequences that may arise from failure to do so.