What rights does a residuary beneficiary have to estate information, including information about the deceased's lifetime gifts made in the last seven years, preparation of their Will and accounts prepared by an attorney who acted during the deceased's lifetime?

Estate information generally

An executor/personal representative (PR) has a duty to account to the court.

A residuary beneficiary is entitled to request estate accounts from the PR detailing the composition of the estate and its liabilities. Once requested, these should be prepared within a reasonable period (Re Tillot). This right also applies to creditors.

If the PR refuses to prepare estate accounts, or unreasonably delays, a residuary beneficiary can make an application to the probate registry (from which the grant of probate/letters of administration is issued) under the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 25. The application should be made by summons (NCPR 1987, SI 1987/2024, r 61). The application should be supported by an affidavit setting out the details of the estate, the applicant’s interest in the estate and why the account is sought.

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