Court Procedures Rules 2006

This rule applies if accounts of an executor, administrator or trustee are to be examined under rule 2747 (Estate and trust accounts—compliance with order for examination and passing of accounts).

Not later than 14 days before the date set for examining the records, a beneficiary may file a notice in the court stating that the beneficiary wants to be heard on the examination and passing of the accounts or allowance of commission.

See approved form 2.81 (Notice of claim to be heard) AF2006-326.

The notice must—

state the beneficiary’s address for service; and

Address for service is defined in the dictionary.

be supported by an affidavit stating the nature and ground of any objection or exceptions to the accounts or allowance of commission.

The beneficiary must, not later than 7 days after the day the notice is filed, serve a stamped copy of the notice and supporting affidavit on the executor or administrator of the estate or trustee of the trust property.

The executor, administrator or trustee must serve a copy of the accounts on the beneficiary not later than 7 days after the day the notice and supporting affidavit are served on the executor, administrator or trustee.

The registrar may order the beneficiary to serve a stamped copy of the notice and supporting affidavit on anyone else who may have a claim on, or otherwise be interested in, the estate.