Procedure upon failure of legal personal representative to file an account

(1) Whenever an executor or administrator fails to file the account with the Registrar, or to comply with any direction or requirement mentioned in section 49, the Registrar or any person having an interest in the estate may apply to the court for an order calling upon him to show cause why the account has not been so filed or the direction or requirement complied with. provided that– (a) the Registrar or other person aforesaid shall, within one month before making that application, apply by letter to the executor or administrator in default requiring him to file his account or to comply with the direction or requirement on pain of being called upon to show cause under this section; 46 Administration of Estates Act (b) an executor or administrator who receives the last mentioned application may file with the Registrar any grounds and reasons he is able to state why he has not filed his account or complied with the direction or requirement, and the Registrar, if those grounds and reasons seem to him sufficient, may grant to the executor or administrator any extension of time which in the circumstances he deems reasonable, reserving always the right of any person having an interest in the estate to bring under review before the court the decision of the Registrar granting the extension; and (c) any executor or administrator in default, if he fails to satisfy the Registrar that he ought to be granted an extension of time, may apply to the court, of which application notice shall be given to the Registrar and other person aforesaid, for an order granting to him an extension of time within which to file his account, or comply with the direction or requirement. (2) Notwithstanding that the court may be of opinion that the grounds and reasons filed with the Registrar by an executor or administrator would have warranted the Registrar in granting an extension of time, the executor or administrator may be ordered to pay the costs of the application if in the opinion of the court the conduct of the executor or administrator was such as to render it just and equitable that he should bear the cost of the (3) The costs adjudged to the Registrar or other person aforesaid upon any process sued out by him or on his behalf shall be payable by the executor or administrator in default personally and shall not be charged against the estate, unless the executor or administrator is authorized by the court to do so. Administration of Estates Act 47