Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2747

Estate and trust accounts—compliance with order for examination and passing of accounts

    (1)     This rule applies if the court makes an order under rule 2746 requiring the examination and passing of accounts of the executor or administrator of an estate or the trustee of a trust property.

    (2)     Unless the court otherwise orders, not later than 3 months after the day the order is served on the executor, administrator or trustee, the executor, administrator or trustee must—

        (a)     file the accounts; and

        (b)     make an appointment with the registrar to have the accounts examined.

    (3)     The executor, administrator or trustee must attend the appointment.

    (4)     The accounts must be—

        (a)     full and correct; and

        (b)     verified by affidavit.

Note     See approved form 2.79 (Executor's, administrator's or trustee's affidavit and account) AF2006-324

.

    (5)     If the executor or administrator fails to comply with the order, the court may, on application by the beneficiary who applied for the order, direct that the proceeding the court considers appropriate be taken against the executor or administrator.

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



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