PAM and Peter are the only beneficiaries of their late father’s estate.

Pam is appointed as the sole executor.

Pam retains a solicitor and in accordance with the legal advice that she receives, attends to realising the assets of the estate.

Pam’s solicitor publishes the usual “Notice of Intended Distribution” online and after the expiry of the requisite 30 days, the estate is fully distributed and Peter receives his 50% entitlement in the estate.

However, Peter is concerned that Pam may not have administered the estate properly and demands that Pam provide him with accounts relating to the administration of the estate, seeking “closure and assurance”.

Pam resists the request on the basis that the estate is distributed and there are no funds available in the estate to pay the legal and accounting costs involved.

Peter files an application in the Supreme Court.

In her defence, Pam states that there is no evidence to suggest that the distribution of the estate was not accurate and further that because the estate is distributed, she is prejudiced because she cannot claim “commission” for her “pains and troubles”.

The Court acknowledged that beneficiaries of an estate have the right to inspect documents relating to estate property and estate accounts including receipts and payment of expenses. If a beneficiary wishes to receive copies of the accounts, the Court states that it is to be done at the beneficiary’s cost.

The Court refuses to make an order for the formal “taking and passing of accounts” on the grounds that the estate has been distributed, the cost is not warranted, there is no evidence of maladministration and there are no funds to award Pam commission.

The Court ultimately orders that Peter shall be provided with “basic” accounts regarding the calculation of the distribution and that he shall be entitled to inspect redacted accounts at the office of Pam’s solicitor, provided he pays the costs involved.

Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.

This fictional column is only accurate at today’s date and is not legal advice.

By Manny WOOD, Solicitor