Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2746

Estate and trust accounts—order requiring examination and passing of accounts

    (1)     A beneficiary of an estate or trust property may apply to the court for an order requiring the examination and passing of accounts of the executor or administrator of the estate or the trustee of the trust property.

    (2)     An application by a beneficiary of an estate must be made in the proceeding in which the grant of representation for the estate was made.

Note     Pt 6.2 (Applications in proceedings) applies to the application.

    (3)     An application by a beneficiary of a trust property must be made by originating application.

Note     Div 2.2.3 (Originating applications) contains provisions about the content of originating applications, the filing and service of originating applications, etc.

    (4)     The application must be accompanied by an affidavit stating the reasons for the application.

    (5)     The applicant must serve a sealed or stamped copy of the application and supporting affidavit on the executor or administrator of the estate or the trustee of the trust property.

    (6)     On application under this rule, the court may make the orders it considers appropriate, including an order requiring the examination and passing of accounts.



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