The Court dismissed an application for the passing of executor's accounts under s 58 of the Administration and Probate Act 1929 (ACT) where the applicant beneficiary had previously entered into a deed of settlement that expressly released the executor from all claims, including claims for passing of accounts. The Court held that in the absence of any evidentiary basis for setting aside the deed, it was entirely inappropriate to require the passing of accounts by an executor who had completed administration with the documented consent of the applicant. The availability of independent legal advice to the applicant at the time of the deed was a relevant consideration.
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