Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 304

Final Accounts

304.
(1) The Public Trustee may of his own motion or on the application of an interested party require the final account in respect of the estate to be rendered by an executor or administrator; -
(a) where one year has elapsed after the grant of probate or administration;
(b) where such grant has been revoked or for any other reason his powers have ceased; or
(c) where he has sold or otherwise disposed of any immovable property of the testator, or devisable interest thereon, or the rents, profits, or proceeds thereof pursuant to power in the will.
(2) At any time after the expiration of one year after the grant of probate or administration, an executor or administrator may request the Public Trustee- to make a final settlement of his account.
(3) An executor or administrator whose grant has been revoked by the Public Trustee or who desires to resign his office may request the Public Trustee that his account be finally settled.
(4) Upon the final account being rendered, the Public Trustee shall, after due inquiry, make an order with regard to the claims of the different parties, or in the event of any dispute arising shall refer such dispute for adjudication to the appropriate District Court.
(5) The Public Trustee shall give written notice of the date of inquiry to all parties concerned and may permit any other person who is interested in the settlement to be present or to participate at such inquiry.
(6) At the final settlement of the account, an executor or administrator may prove any debt owing to 'him by his testator or intestate.
(7) To each account filed by an executor or administrator shall be appended an affidavit of the accounting party, to the effect that the account contains, according to the best of his knowledge and belief, a full and true statement of all his receipts and disbursements on account of the estate of the testator or intestate, and of all money and other property belonging to the estate which has come to his hands, or which has been received by any other person by his order or authority for his use, and that he does not know of any error or omission in the account to the prejudice of any creditor of, or person interested in, the estate.
(8) In the case of any final settlement of the account of an executor or administrator, the Public Trustee may allow the accounting party for property of the testator or intestate, which has perished or which is lost without the fault of the accounting party.


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