Executors' Commission Rules




Dec. 19.] THE NEW ZEALAND GAZETTE. 3989

  1. The petition may, at the option of the petitioners, contain such further details as the petitioners think desirable to inform the Court of the pains and trouble to which they have been put or which they have incurred.

  2. Where an interim order for remuneration is sought, on the ground that the final distribution of the estate and funds is necessarily postponed to a distant date, or that the executors or administrators and the trustees are not, or may not be, the same persons, or for any other valid reason, then the petition shall set out such facts and circumstances as will enable the Court to determine whether it has jurisdiction to make an order, and whether there are grounds for making it.

  3. The petition shall be verified by the several affidavits of each petitioner in the form numbered 2 in the Schedule hereto, or to the like effect.

SUPPORTING DOCUMENTS.

  1. Together with the said petition shall be filed the following documents:—

(i) A copy of the will of the deceased, if any:

(ii) Full and detailed capital accounts showing—

(a) The assets and credits of the estate which have come into the hands of all persons at any time acting as executors, administrators, or trustees (distinguishing those that have come into the hands of the petitioners from those that have come into the hands of their predecessors in office):

(b) The liabilities of the estate at the commencement of the administration:

(c) The gross amounts realized from the sale, calling-in, and conversion of the estate (including sums received but retained or deducted by solicitors, auctioneers, commission agents, brokers, or other agents):

(d) Disbursements of a capital nature (including sums retained or deducted by such agents as aforesaid):

(e) Payments by way of distribution of the estate:

(f) Capital liabilities from time to time incurred in the administration of the estate:

(g) Assets remaining unadministered, and liabilities remaining undischarged, and amounts available for distribution:

(iii) Full and detailed revenue accounts showing gross income (including sums received but retained or deducted by such agents as aforesaid), disbursements (including sums so retained or deducted), payments to beneficiaries on account of income, and accumulations of income.

  1. The said accounts shall, except as hereinbefore directed, be limited as far as may be to entries of cash actually received, paid, or in hand, and any entry not being the record of a cash transaction shall be indicated as such. Periodical receipts or payments of the same kind may be aggregated in the accounts.

  2. Each of the documents referred to in Rule 7 hereof shall be verified by the affidavit of the petitioners or of some other person or persons having knowledge of the facts set out in such respective document. The accounts shall be supported by detailed vouchers for all disbursements (including sums retained or deducted by such agents as aforesaid) unless such accounts are verified by the affidavit of a practising public accountant who has audited the accounts and is not a petitioner.

NOTICE OF PETITION.

  1. Notice of every application under these rules shall be in the form numbered 3 in the Schedule hereto, and shall, unless otherwise ordered by the Court on a motion for directions, be accompanied by copies of the petition and of all documents lodged therewith and of all affidavits verifying such petition and documents, with the exception of vouchers in support of disbursements.

  2. The time to be stated in such notice as the number of days after service after which the petition may be heard shall, unless otherwise directed by the Court on a motion for directions, be the number of days set out in Table B of the Third Schedule to the Code of Civil Procedure.

  3. Unless otherwise ordered by the Court on a motion for directions, such notice shall be served in the manner in which writs of summons are directed to be served on every person who is or may be affected by the application.

  4. In any case the petitioners may by motion ex parte for directions apply to the Court—

    (i) To dispense with service of such notice and documents on any of such persons as aforesaid; or



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⚖️ Executors’ Commission Rules, 1935 (continued from previous page)

⚖️ Justice & Law Enforcement
12 December 1935
Rules, Executors, Commission, Administration Act, Petition, Affidavits, Accounts, Notice