In the Estate of BETTY JEAN FOWLER (Decd) [2026] WASC 168

[2026] WASC 168 Page 1 JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : In the Estate of BETTY JEAN FOWLER (Decd) [2026] WASC 168 CORAM : SOLOMON J HEARD : ON THE PAPERS DELIVERED : 6 MAY 2026 FILE NO/S : PRO 2029 of 2024 BETWEEN : JOANNE FOWLER Applying Executor Catchwords: Notice to pass accounts - Failure of executor to abide by court's orders - Further orders made - Section 44 of Administration Act Legislation: Administration Act 1903 (WA) Non-contentious Probate Rules 1967 (WA) Result: Orders made Category: B Case(s) referred to in decision(s): Nil -- 1 of 3 -- [2026] WASC 168 SOLOMON J Page 2 SOLOMON J: 1 Betty Jean Fowler (the testator) died on 19 January 2023, leaving a will dated 27 October 2022 (the will). The will named the testator's daughter, Joanne Fowler (Joanne) as executrix and trustee of the will. On 22 March 2024, Joanne applied for a grant of probate. Probate of the will was granted to Joanne by a registrar of this court on 10 May 2024. 2 Two other children of the testator are named in the will: a son, Edward Hartley Fowler (Edward), and a daughter, Helen Fowler (Helen). Under clause 6 of the will, half of the interest in the testator's home in Forrestfield was left to Joanne, and a quarter share was left to each of Edward and Helen. Under clause 7, the residuary was left to each of Joanne, Edward and Helen in equal one-third shares. 3 On 3 December 2025, lawyers for Helen wrote to the court requesting the accounts to be passed in accordance with r 37 of the Non-contentious Probate Rules 1967 (WA). A Notice to Pass Accounts was issued by the court on 8 December 2025. Under that notice, the court required the accounts to be verified by affidavit and filed with the court by 5 January 2026. 4 No request for an extension was made by Joanne, and there was no compliance with the requirements of the court's notice of 8 December 2025. 5 Section 44(1) of the Administration Act 1903 (WA) (Administration Act) provides: 'If an executor or administrator neglects to file an inventory or to pass accounts within one month after the expiration of the period fixed by the rules, the Principal Registrar shall cause such executor or administrator to be notified of such neglect.' 6 A notice under s 44(1) of the Administration Act was issued by the Principal Registrar to Joanne on 3 March 2026. Joanne was thereby given notice that she had neglected to pass the accounts within the period prescribed, and that she was required immediately to comply with the court's order of 8 December 2025. 7 Joanne has still not complied with the court's order of 8 December 2025, nor sought any extension. 8 Section 44(2) of the Administration Act provides: 'In case of further neglect of the period of one month, the Principal Registrar shall -- 2 of 3 -- [2026] WASC 168 SOLOMON J Page 3 apply for an order upon such executor or administrator to file such inventory or exhibit such account forthwith.' 9 The Principal Registrar has applied under s 44(2) of the Administration Act. 10 I am satisfied that the preconditions for an order under s 44(2) to be made have been met, and that it is appropriate for an order to be made. 11 Accordingly, the court will make orders as now sought by the Principal Registrar, requiring Joanne to comply with the orders of 8 December 2025 forthwith. I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia. MS Associate to the Hon Justice Solomon 6 MAY 2026 -- 3 of 3 --