PROBATE AND ADMINISTRATION ACT 1898 - SECT 85
Executor, administrator or trustee to pass accounts
PROBATE AND ADMINISTRATION ACT 1898 - SECT 85
Executor, administrator or trustee to pass accounts
85 Executor, administrator or trustee to pass accounts
(1) In respect of the estate of a person who died before 31 December 1981
every person to whom probate or administration has been or is granted shall
file an inventory of the estate of the deceased and file or file and pass the
person's accounts relating thereto within such time, and from time to time,
and in such manner as may be fixed by the rules, or as the Court may order.
(1AA) In respect of the estate of a person who dies on or after 31 December
1981 every person to whom probate or administration has been or is granted and
who is--
(a) a creditor of the estate of the deceased,
(b) the guardian of a
minor who is a beneficiary of the estate of the deceased,
(c) the executor or
administrator of the estate where the whole, or a part which, in the opinion
of the Court, is a substantial part, of the estate passes to one or more
charities or public benevolent institutions,
(d) a person, not being a
beneficiary, or, in the opinion of the Court, a substantial beneficiary, of
the estate, selected at random by the Court, or
(e) a person otherwise
required to do so by the Court,
shall verify and file or verify, file and pass
the person's accounts relating to the estate within such time, and from time
to time, and in such manner as may be fixed by the rules, or as the Court may
order.
(1A) Every trustee of the estate of a deceased person shall verify and
file or verify, file and pass the trustee's accounts relating thereto within
such time, and from time to time, and in such manner as may be fixed by the
rules, or as the Court may order.
(1B) In respect of the estate of a
person who dies on or after 31 December 1981 every person to whom probate or
administration has been or is granted and who is not a person to whom
subsection (1AA) applies may verify and file or verify, file and pass the
person's accounts relating to the estate within such time, and from time to
time, and in such manner as may be fixed by the rules, or as the Court may
order.
(2) Every such person shall be subject to any order that the Court may
on the application of any person interested make as to the production and
verification of the accounts concerned.
(3) The order of the Court allowing
any such account shall be prima facie evidence of the correctness of the same,
and shall, after the expiration of three years from the date of such order,
operate as a release to the person filing the same, excepting so far as it is
shown by some person interested therein that an error or omission or
fraudulent entry has been made in such account.
(4) Where the Court, in
passing any such accounts, disallows in whole or in part the amount of any
disbursement, the Court may order the executor, administrator or trustee to
refund the amount disallowed to the estate of the deceased.
Nothing in this subsection alters or diminishes the right of any person to
proceed in equity in the same way as if this subsection had not been enacted.
(5) Every executor, administrator or trustee of the estate of a deceased
person shall verify and file an inventory of the estate of the deceased within
such time, and from time to time, and in such manner as may be fixed by the
rules, or as the Court may order.
