Compelling an Executor to Account in Victoria: Estate Accounts, Delay and Removal 

Beneficiaries of Victorian estates can seek an order requiring an executor to file verified accounts if requests for information remain unanswered. Under rule 6.03 of the Supreme Court (Administration and Probate) Rules 2023 (Vic), the Court or Registrar can require an executor to account for the estate’s administration. 

For professionals and high-net-worth beneficiaries, unexplained delays can leave substantial interests in property, investments, or a family business unresolved. Without proper accounts, it may be impossible to assess what the executor has received, which expenses have been paid, or what remains available for distribution. 

Victoria does not require accounts to be passed automatically in every estate. The executor’s duty to account nevertheless exists throughout the administration; it does not arise only when a beneficiary complains. 

A written demand should identify the accounts and supporting information sought and allow a reasonable response period. If the executor ignores it, the next step depends on whether the problem is inadequate disclosure, administrative delay or conduct warranting an application for removal. 

What Laws Allow Beneficiaries to Compel an Executor to Account in Victoria? 

The executor’s duty to account in Victoria is supported by sections 27 and 28 of the Administration and Probate Act 1958 (Vic). Section 28(1) requires a personal representative, when lawfully required, to provide the Court with an inventory and account verified on oath or affirmation. Section 27 makes administrators accountable in the same manner as executors, subject to their grant. 

There is no general requirement for every Victorian estate account to be passed automatically. Rule 6.03 of the Supreme Court (Administration and Probate) Rules 2023 (Vic), which commenced on 1 March 2024, allows the Court or Registrar to require accounts at any time. The executor must file Form 3-6AA verified accounts, setting out receipts, payments, assets, liabilities, and distributions. Verification requires an affidavit, not an informal update. 

If an executor fails to comply with a Registrar’s order to file accounts, rule 6.03(3) permits the Registrar to apply to the Court by summons. The Court may order removal for failure to account or make another appropriate order. Separately, rule 10.03 requires verified administration accounts before commission applications are made under rule 10.02. 

Section 65D addresses remuneration disclosure. An executor seeking payment must inform interested beneficiaries about its basis, calculation, estimated amount and their right to seek review, and disclose substantial changes. Under section 65D(5), breach means the executor is not entitled to commission or fees from the estate. This consequence concerns the specified disclosure obligations, rather than every unanswered request for information. Section 65D excludes trustee companies. 

Removal remains discretionary. Section 34(1)(c) permits removal after a grant where an executor refuses to act, is unfit or is incapable of acting. In Miller v Cameron (1936) 54 CLR 572, the High Court applied the beneficiary-welfare principle drawn from Letterstedt v Broers (1884) 9 App Cas 371. These trustee-removal authorities direct attention to protecting beneficiaries and ensuring proper administration. Persistent accounting failures can support intervention, but removal does not follow automatically from a missed response: the Court assesses whether continued administration by that person is consistent with those interests. 

What Will the Court Consider When Asked to Compel an Executor to Account in Victoria? 

What should beneficiaries establish before seeking an accounting order? 

Beneficiaries seeking to compel an executor to account in Victoria should document their interest in the estate, the information requested and the executor’s response. The Registrar’s published guidance states that a request will typically require evidence of reasonable prior efforts to obtain accounts and a reason for intervention. 

A written demand should specify the accounting period, identify missing information, and set a reasonable response date. Keep correspondence and any available will, grant, inventory, and earlier accounts. These documents help distinguish an unanswered request from a disagreement about information already supplied. The purpose is to show what remains unexplained and why an account is needed. 

What information must the executor’s accounts contain? 

The executor’s duty to account requires an intelligible explanation of estate administration. Under rule 6.03, Form 3-6AA verified accounts must disclose receipts, payments, assets, liabilities and distributions, including assets and liabilities discovered after the probate application. 

For an estate holding investment properties or business interests, scrutinise whether the accounts explain income received, sale proceeds, expenses and assets still held. Identify specific gaps, such as an unexplained payment or missing rental income, and request relevant supporting records. Filing accounts does not itself establish that every transaction was authorised. 

When does delay justify further intervention? 

Assess delay against the work still required and the explanation offered. Tax issues, litigation, or difficulties selling an asset may explain why distribution remains outstanding. They do not explain why the executor cannot account for transactions already completed. 

A chronology should distinguish delays in administration from failures to communicate. Repeated unanswered requests, inconsistent figures, and missed commitments make the problem more concrete. If a Registrar’s order to file accounts is ignored, rule 6.03(3) provides a route for the Registrar to bring the default before the Court. 

How do commission and disclosure failures affect the position? 

Commission applications require verified accounts under rule 10.03. Beneficiaries should examine the proposed remuneration alongside the work performed and the estate records. 

Loss of commission under section 65D concerns failure to meet remuneration disclosure requirements. It is not an automatic consequence of any accounting dispute. Check what the executor disclosed about the payment basis, calculation, estimate, and review rights. Section 65D also excludes trustee companies. 

When will the Court consider removal for failure to account? 

Removal for failure to account is discretionary. Applying the protective approach explained in Miller v Cameron, the Court considers beneficiaries’ interests, asset security, and proper administration. 

The evidence should explain why an accounting order alone would be insufficient. Persistent non-compliance, unresolved financial discrepancies, or risks to estate assets may support replacement. Personal distrust should be connected to identifiable conduct affecting administration, rather than left as a general allegation. 

What Disputes Arise When Beneficiaries Seek to Compel an Executor to Account in Victoria? 

Disputes about the executor’s duty to account often concern the quality of the information supplied. A beneficiary receives a bank balance or a spreadsheet of payments but cannot reconcile it with the assets disclosed when probate was obtained. An account needs to explain the movement of estate funds, including what has been collected, spent, distributed, or retained. A closing balance alone cannot do that. 

Property income is a particular source of disagreement. Rental receipts, agents’ deductions, repairs, and payments to family members need to be identified in the accounts. Where a beneficiary occupies estate property, the dispute may extend to the basis of that occupation and who bears the expenses. Obtaining accounts establishes the financial position; whether occupation was authorised or rent is recoverable requires separate consideration. 

Business interests create another difficulty. Estate accounts must distinguish the deceased’s shareholding or loan account from assets belonging to the company itself. Beneficiaries seeking information about the estate should identify dividends, loan repayments, or sale proceeds received by the executor. A demand for estate accounts does not, by itself, establish entitlement to every underlying company record. 

Expenses and remuneration also produce disputes. Legal invoices, accounting charges, and executor payments should be distinguished, so beneficiaries can identify what the estate has paid and why. Commission applications require verified accounts under rule 10.03, but supplying those accounts does not resolve whether the commission sought is justified. Nor should beneficiaries treat approval of remuneration and acceptance of the accounts as interchangeable decisions. 

Delay becomes harder to assess when the executor repeatedly says that tax or a property sale remains outstanding without supplying transaction records or a timetable. The practical response is to separate the explanation for delayed distribution from the obligation to account for completed administration. A focused demand can seek accounts to a specified date while asking separately what prevents finalisation. 

Finally, an executor may supply accounts only after intervention, leaving disputed entries unanswered. The next step is to identify each unexplained transaction and the supporting document required. Removal for failure to account should be assessed against the continuing default and risks to administration, rather than treated as the inevitable result of earlier silence. 

What Evidence and Strategy Matter Before Seeking to Compel an Executor to Account in Victoria? 

Before seeking to compel an executor to account in Victoria, define the result required: usable accounts, supporting records, an explanation of disputed payments or replacement of the executor. Each requires different evidence. A request for information should not become a removal application without identifying why continued administration puts beneficiaries’ interests at risk. 

Preserve the will, grant, probate inventory, correspondence, and every version of the accounts supplied. Prepare a dated schedule recording each request, response, and unresolved item. Reconcile known transactions against the accounts, including property settlements, distributions, and executor payments. Distinguish an absent document from evidence of an improper transaction; an unexplained withdrawal warrants investigation but does not itself establish misappropriation. 

The Registrar’s published procedure expects reasonable prior attempts to obtain accounts. A demand should therefore identify the period covered, the information missing, and a reasonable response deadline. Avoid fixing a deadline that cannot realistically accommodate the records required. Where asset preservation is urgent, obtain advice about protective relief rather than relying solely on the accounting process. 

An executor defending a request should address the substance promptly. Provide coherent accounts, identify any outstanding records, and explain when they can be supplied. If verified accounts have been required, an informal spreadsheet will not replace the account and affidavit. Seek appropriate directions before a compliance deadline expires if genuine obstacles remain. 

Before pursuing removal for failure to account, assess whether targeted accounting orders could resolve the problem, who could take over, and what replacement would cost. The proposed remedy should protect the estate while avoiding unnecessary depletion through litigation. 

Frequently Asked Questions 

What Should You Do If an Executor Will Not Provide Estate Accounts in Victoria? 

Beneficiaries seeking to compel an executor to account in Victoria should start with a precise written demand and preserve the response. Verified accounts can clarify what has happened to estate assets and identify transactions requiring further investigation. Persistent non-compliance may justify court intervention, but the remedy should address the evidence, the risks to the estate and the cost of further proceedings. 

Pentana Stanton Lawyers’ wills and estates team can advise on obtaining accounts, assessing disputed entries, and responding to accounting demands. Book a consultation to discuss whether a formal request, court application or removal proceedings are appropriate for your circumstances. 

This article is general information only and not legal advice. For advice specific to your circumstances, please contact our team.