Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 1) (NO 7 OF 2004) - REG 40

substitute

51     Filing of inventory may be dispensed with

    (1)     This rule applies if an executor or administrator of an estate applies to the court or registrar for an order that the filing of an inventory and the filing and passing of the accounts mentioned in the Act, section 58 (Filing and passing accounts) for the estate be dispensed with, and—

        (a)     1 of the following applies:

              (i)     the executor is the only person beneficially entitled under the will or the administrator is the only person beneficially entitled in the distribution of the estate;

              (ii)     everyone who is beneficially entitled under the will or in the distribution of the estate is of full legal capacity and consents, in writing, to the order being made; and

        (b)     if there is an administration bond—the bond's sureties consent, in writing, to the order being made.

    (2)     If this rule applies, the court or registrar may make the order.

    (3)     However, if the court or registrar makes the order, the court may later order the executor or administrator to file the inventory and file and pass the accounts.