Court Procedures Rules 2006

A beneficiary of an estate or trust property—

may attend before the registrar at the examination of accounts of the estate or trust property under this division; but

may not object to the passing of the accounts unless the beneficiary has filed a notice under rule 2750 (Estate and trust accounts—appearance of beneficiary at examination).

However, if no-one files a notice under rule 2750 in relation to the examination, the registrar may pass the accounts on the oath of the executor, administrator or trustee alone with appropriate verification.

Oath includes affirmation (see Legislation Act, dict, pt 1).

On the taking of the accounts, each payment of more than $50 must be verified—

by a proper receipt signed by the person who is claimed to have received the payment; or

in the way the registrar considers satisfactory.

However, the accounts may be passed on the production of a certificate by a properly qualified accountant of the correctness of the accounts if—

the accounts consist entirely of items of receipts and expenditure paid into and drawn out of the trust account of a solicitor for the executor, administrator or trustee; and

the trust account has been properly audited by the accountant in a way that discloses in detail the receipts and disbursements and the true position of the estate or trust property accounts.

See approved form 2.82 (Accountant’s certificate of correctness of accounts) AF2006-327.

Also, the registrar may require the accounts to be filed in the way otherwise prescribed by these rules and to be further verified.

The result of the registrar’s examination of the accounts must be set out in a certificate.

See approved form 2.83 (Registrar’s certificate of examination of accounts) AF2006-328.