PROBATE AND ADMINISTRATION ACT 1898 - SECT 87
Effect of neglect to file etc inventory or accounts
PROBATE AND ADMINISTRATION ACT 1898 - SECT 87
Effect of neglect to file etc inventory or accounts
87 Effect of neglect to file etc inventory or accounts
(1) Where an executor, administrator or trustee neglects to file, or verify
and file, an inventory of the estate of the deceased or to file, or file and
pass, or verify and file, or verify, file and pass, the accounts relating to
the estate in accordance with a requirement made by or under section 85 within
one month after the expiration of the time fixed for compliance, the Registrar
shall cause the executor, administrator or trustee to be notified of the
executor's, administrator's or trustee's neglect.
(2) Where, on the
expiration of one month after having been so notified, an executor,
administrator or trustee further neglects to comply with the requirement in
respect of which the notification under that subsection was given, the Court
may, of its own motion, order the executor, administrator or trustee to show
cause before the Court why the executor, administrator or trustee should not
be ordered to file, or verify and file, an inventory of the estate of the
deceased or to file, or file and pass, or verify and file, or verify, file and
pass, the accounts relating to the estate, as the case may require, in
the Court forthwith.
(3) Where an executor, administrator or trustee to whom
subsection (2) applies fails to show cause as referred to in that subsection,
the executor, administrator or trustee shall be liable to punishment for
contempt of court or to the payment of a fine not exceeding 20 penalty units.
(4) An executor, administrator or trustee to whom subsection (2) applies
shall, unless the Court otherwise orders, be personally liable for the cost
and expenses of any proceedings pursuant to this section.
