Western Australian Current Regulations Western Australian Current Regulations (1) Every executor and
administrator (other than the Public Trustee) shall file in the Registry his
accounts relating to the estate of the deceased in accordance with Form 4, and
shall attend before the Registrar at such time as the Registrar may appoint to
have the accounts passed and allowed.
(2) Where there is any
balance available for distribution, the executor or administrator shall file a
plan of distribution with his accounts.
(3) The accounts and
plan of distribution mentioned in this rule shall be filed within
12 months after the grant, or within such further time as a Judge or the
Registrar may allow, and shall be verified by the affidavit of the executor or
administrator.
(4) Notice in
accordance with Form 5 of filing of the accounts of an executor or
administrator shall be advertised once, 14 days at least before the day
fixed for passing the accounts, in a daily newspaper published in Perth.
(5) In the case of an
administrator, notice of the filing and of the appointment to pass his
accounts shall also be served on the sureties of the administration bond.
(6) A person wishing
to object to the passing of the accounts of an executor or administrator,
shall file in the Registry, before the day fixed for the passing of the
accounts, a notice of his intention to object, and also an affidavit stating
his interest and the nature and grounds of his objection.
(7) Upon the taking of
the accounts, the Registrar may make such order as to service upon any of the
parties or persons interested as he may think fit.
(8) Any person
interested may attend before the Registrar upon the taking of the accounts.
(9) The costs of the
accounting party and of any person who has filed a notice of objection under
this rule shall be in the discretion of the Registrar.
(10) The
Registrar’s allowance of an account shall be recorded by a certificate.
[Rule 37 amended: Gazette
14 December 1979 p. 3876; 1 August 1980 p. 2561.]