Re Buckingham

The beneficiaries of the estate of a deceased person brought a proceeding in the Supreme Court of Victoria against the executor of the estate. They sought financial information and an administration account for the estate. The beneficiaries also sought costs against the executor personally. The executor counterclaimed for costs against the plaintiffs. The executor also sought commission for their services as executor.

The legal issues the court was required to decide included whether the executor had provided adequate and timely financial information to the beneficiaries, whether the beneficiaries were entitled to an administration account for the estate, and whether the executor was entitled to a commission for their services.

The court held that the executor had failed to provide adequate and timely financial information to the beneficiaries, and therefore the beneficiaries were entitled to an administration account for the estate. The court also held that the executor was entitled to a commission for their services, but the amount was to be determined by the court. The court further held that the beneficiaries were entitled to costs against the executor personally, but the executor was not entitled to costs against the plaintiffs.

The court made orders for the executor to provide an administration account for the estate, for the executor to pay the beneficiaries' costs, and for the executor to be paid a commission for their services in an amount to be determined by the court.