Victorian Numbered Acts

ADMINISTRATION AND PROBATE AND OTHER ACTS AMENDMENT (SUCCESSION AND RELATED MATTERS) ACT 2017 (NO. 41 OF 2017) - SECT 16

After section 65 of the Principal Act insert —

        " 65A     Reduction of excessive commission or fees

    (1)     If the Court is satisfied that the amount of either or both of the following is excessive, the Court may order that it be reduced or repaid to the estate—

        (a)     a commission or fee charged or retained by an executor or administrator or payable to an executor or administrator under the terms of a will;

        (b)     any fee, cost, expense or disbursement for which an executor or administrator has been reimbursed or claims to be reimbursed out of an estate.

    (2)     The Court may make an order under subsection (1)—

        (a)     on the application of—

              (i)     any person interested under the will or the estate, including any interested beneficiary; or

              (ii)     any creditor; or

        (b)     of its own motion.

    (3)     This section does not apply to State Trustees.".