3115Failure by executor, administrator or trustee to comply

3115 Failure by executor, administrator or trustee to comply with beneficiary’s request etc (1) This rule applies if an executor, administrator or trustee fails to comply with a written request from a beneficiary or another executor, administrator or trustee— (a) to apply for and take all necessary steps to register the transmission of any interest in property; or (b) if the executor, administrator or trustee has or is entitled to a legal interest in property—to convey or transfer the interest to the person entitled to it; or (c) to pay or hand over any legacy or residuary bequest to the person entitled to it; or (d) to do anything else the executor, administrator or trustee is required or allowed by law to do in relation to the estate. (2) The beneficiary, or other executor, administrator or trustee, may apply to the court for orders under this rule.

Rule 3116 (3) The application must be made by originating application, unless the application is made in a proceeding that has already started. Note 2 Pt 6.2 (Applications in proceedings) applies to an application made in a proceeding that has already started. (4) The application must be supported by an affidavit filed with the and supporting affidavit on the executor, administrator or trustee who failed to comply with the request. (6) On application under this rule, the court may make the orders the court considers just.