Uniform Civil Procedure Rules 1999

Before a beneficiary makes an application under rule 645, the beneficiary must serve on the trustee a written notice requesting an estate account be prepared and served on the beneficiary within 30 days after service of the notice.

If the trustee serves an estate account on the beneficiary as requested under subrule (1) and the beneficiary is not satisfied with the estate account, the beneficiary must serve on the trustee a notice of objection to the estate account.

The notice of objection must—

be in the approved form; and

number each objection; and

identify each—

item in the estate account to which the beneficiary objects; or

omission from the estate account alleged by the beneficiary; and

for each objection—concisely state the reasons for the objection identifying any issue of law or fact the beneficiary contends the trustee should have taken into account.

The reasons for objection may be in abbreviated note form but must be understandable without further explanation.

If the same objection applies to consecutive or nearly consecutive items in the estate account, the notice need not separately state the reasons for objecting to each of the items.

Also, if there are a number of associated items, the objection may be in the form of an objection to a common issue related to the associated items.

The beneficiary may make an application to the court under rule 645 for filing, assessing and passing an estate account only if—

30 days have passed after service of the notice under subrule (1) and an estate account has not been served on the beneficiary; or

21 days have passed after service of a notice of objection under subrule (2) and no response to the objection has been served on the beneficiary; or

a response to the notice of objection has been served on the beneficiary.

The court may dispense with compliance with this rule if urgent circumstances exist or another good reason is shown.