In the Estate of Mildred Evelyn Griffin

[2026] ACTSC 21

Supreme Court of the ACT6 February 2026

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Interrogate

Catchwords

1. Succession
2. › Wills, probate and administration
3. › Executors and administrators
4. › Examination and passing of accounts
5. › Discretionary power
6. › Whether order appropriate where some complaints without substance but executors' conduct regarding auctioning of estate assets raises concerns
7. › Whether pragmatic alternative to full examination and passing of accounts should be adopted
8. › Court Procedure Rules 2006 (ACT), rr 2746, 2747
1. Succession
2. › Wills, probate and administration
3. › Executors and administrators
4. › Fiduciary duties
5. › Sale of estate chattels at auction
6. › Whether failure to notify all beneficiaries of auction and bidding by executors and their family members constituted grounds for concern about conduct of executors

Quick Take

An order for the examination and passing of accounts under r 2746 of the Court Procedure Rules 2006 (ACT) is discretionary and not for the asking; evidence suggesting grounds for concern about the conduct of executors, albeit not conclusively shown, is sufficient, but courts may adopt pragmatic alternatives such as inviting further evidence before ordering the full costly procedure.