In the Estate of WILLIAM ROBERT POWLESLAND (Decd) [2026] WASC 309

[2026] WASC 309 Page 1 JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA IN CHAMBERS CITATION : In the Estate of WILLIAM ROBERT POWLESLAND (Decd) [2026] WASC 309 CORAM : SOLOMON J HEARD : ON THE PAPERS DELIVERED : 30 JULY 2026 FILE NO/S : PRO 2340 of 2016 BETWEEN : LEANNE VICKI CIRULIS Applying Executor Catchwords: Notice to pass accounts - Failure of executor to abide by court's orders - Where there was an extension of time granted - Section 44 of Administration Act 1903 (WA) Legislation: Administration Act 1903 (WA) Non-contentious Probate Rules 1967 (WA) Result: Orders made Category: B -- 1 of 4 -- [2026] WASC 309 Page 2 Representation: Counsel: Applying Executor : Solicitors: Applying Executor : In Person Case(s) referred to in decision(s): Nil -- 2 of 4 -- [2026] WASC 309 SOLOMON J Page 3 SOLOMON J: 1 William Robert Powlesland (the testator) died on 21 March 2016, leaving a will dated 20 November 2015 (the will). The will named the testator's daughter, Leanne Vicki Cirulis (named in the will as Leanne Millett) (Leanne) as executor and trustee of the will. On 3 May 2016, Leanne applied for a grant of probate and probate of the will was granted to Leanne as executor by a registrar of this court on 14 June 2016. 2 The testator had another daughter, Sharyn Powlesland (Sharyn). Under clause 6 of the will, the testator left a socket set and a screwdriver set as a gift to Sharyn, and the remaining balance of his bank accounts less any debts paid, as a gift to Leanne. Under clause 7, the residuary was left to Sharyn and Leanne in equal shares. 3 On 30 June 2025, lawyers for Sharyn wrote to the court requesting that the accounts be passed in accordance with r 37 of the Non- Contentious Probate Rules 1967 (WA) on the basis that Leanne had failed to complete administration of the estate. The court issued a Notice to Pass Accounts on 4 July 2025 requiring the accounts to be verified by affidavit and filed with the court by 1 August 2025. Leanne did not file the documents by that date. 4 On 2 October 2025, at a directions hearing attended by both Leanne and Sharyn in their capacity as executor and objector respectively, Registrar Allison made orders extending the time for Leanne to file accounts, to 30 October 2025. 5 On 12 November 2025, Registrar Allison made orders by consent of both parties, further extending the time for Leanne to file accounts to 24 November 2025. Leanne once again failed to file the accounts by this date. The matter was listed for a further directions hearing on 13 January 2026, at which there was no appearance by Leanne. No request for an extension was made by Leanne and there was no compliance with the requirements of the court's notice to pass accounts issued on 4 July 2025. 6 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.' -- 3 of 4 -- [2026] WASC 309 SOLOMON J Page 4 7 A notice under s 44(1) of the Administration Act was issued by the Principal Registrar to Leanne on 14 April 2026. Leanne was thereby given notice that she had neglected to pass the accounts within the period prescribed by the court, and that she was required to comply with the court's orders of 4 July 2025 immediately. 8 Leanne has still not complied with the court's orders of 4 July 2025, nor sought any further extension. Leanne also failed to attend the directions hearing on 2 July 2026. 9 Section 44(2) of the Administration Act provides: 'In case of further neglect of the period of one month, the Principal Registrar shall apply for an order upon such executor or administrator to file such inventory or exhibit such account forthwith.' 10 The Principal Registrar has applied under s 44(2) of the Administration Act. 11 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 such an order to be made. 12 Accordingly, the court will make orders as now sought by the Principal Registrar, requiring Leanne to comply with the orders of 4 July 2025 forthwith. I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia. NV Associate to the Honourable Justice Solomon 30 JULY 2026 -- 4 of 4 --