Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 645

Application by beneficiary for filing, assessing and passing estate account

645 Application by beneficiary for filing, assessing and passing estate account

(1) A beneficiary in an estate may apply to the court for an order that a trustee of the estate file an estate account and that the estate account be assessed and passed.
(2) The applicant must file an affidavit stating the reasons for the application and showing—
(a) compliance with rule 646 ; or
(b) why compliance with rule 646 should be dispensed with.
(3) If the applicant seeks assessment of the estate account, the applicant must, if practicable—
(a) nominate a particular account assessor for the account assessment; and
(b) state the applicable hourly rate of the nominated account assessor; and
(c) provide the nominated account assessor’s consent to appointment to carry out the account assessment and confirmation that, if appointed, there would be no conflict of interest.
(4) The trustee is the respondent to the application but the court may direct that notice of the application be given to other beneficiaries or other persons.
(5) The court may make the orders it considers appropriate.
(6) If the court orders that the estate account be assessed, the court—
(a) must appoint an account assessor to carry out the assessment; and
(b) may give directions to the account assessor about carrying out the account assessment.



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