Everts v Liepins [2022] NSWSC 1021

Everts v Liepins [2022] NSWSC 1021

The applicant, as a residuary beneficiary, is an interested person entitled to seek court orders for estate accounts; the respondent has failed for many years to provide an accounting or justified his non-compliance; the orders for verified estate accounts are necessary and appropriate to ensure proper administration and transparency, and the respondent's further failure to participate provides additional grounds prompting exercise of the Court's discretion in favour of the orders sought.

Parties
Applicant: Bernt Everts; Respondent: Juris Liepins
Jurisdiction
Australia
Judgment Date
29 July 2022
Procedural Posture
Probate Application (estate Accounting) / Notice of Motion for Orders to Verify and File Estate Accounts, Determined After a Contested Hearing and in the Respondent's Absence
Outcome
Orders made – respondent to provide verified estate accounts by specified date, with directions as to their form, and further orders as to supporting documentation, service, and procedural responses; costs of motion reserved.
Legal Topics
Executor's Duty to Account, Passing of Accounts, Beneficiary Rights, Court Supervision of Estate Administration, Costs
Succession Law Equity Executor's Duty to Account Passing of Accounts Beneficiary Rights Court Supervision of Estate Administration Costs

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Parties

Bernt Everts

Applicant

Juris Liepins

Respondent

Procedural Posture

Probate Application (estate Accounting) / Notice of Motion for Orders to Verify and File Estate Accounts, Determined After a Contested Hearing and in the Respondent's Absence

Legal Issues

  1. 1 Whether and in what terms the respondent, as executor, should be ordered to verify and file accounts of the estate administration under s 85 of the Probate and Administration Act 1898 (NSW) and UCPR r 54.3
  2. 2 Whether the applicant has standing as an 'interested person' to seek such orders
  3. 3 Whether discretion should be exercised to order accounts given the history and circumstances

Ratio Decidendi

The applicant, as a residuary beneficiary, is an interested person entitled to seek court orders for estate accounts; the respondent has failed for many years to provide an accounting or justified his non-compliance; the orders for verified estate accounts are necessary and appropriate to ensure proper administration and transparency, and the respondent's further failure to participate provides additional grounds prompting exercise of the Court's discretion in favour of the orders sought.

Court Disposition

Orders made – respondent to provide verified estate accounts by specified date, with directions as to their form, and further orders as to supporting documentation, service, and procedural responses; costs of motion reserved.

Orders

  • By 4:00 p.m. on 9 September 2022, Juris Liepins must serve on the applicant via HWL Ebsworth Lawyers a complete, verified set of written estate accounts from 22 February 2013, including inventory, details of receipts, disbursements, transactions, transfers, undistributed assets, losses, professional fees, commission...
  • Such accounts to specify date, amount, payer/payee, and purpose for each receipt/payment.