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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 28 May 2017 at 09:11)
86   Renunciation of commission under section 86 (3) of P&A Act
(cf former Part 78, rule 86)
If, in any proceedings for the passing of accounts, the applicant wishes to renounce his or her right to commission:
(a)  the applicant may do so, at any time before the hearing of the proceedings, by filing a renunciation of commission, and
(b)  if the applicant does so, the accounts must be allowed in accordance with the indemnity referred to in section 86 (3) of the Probate and Administration Act 1898.
Note.
 Under section 86 (3) of the Probate and Administration Act 1898, an executor, administrator or trustee who renounces their right to commission for work carried out in relation to a deceased’s estate, and engages a legal practitioner to do that work (being non-professional work) on their behalf, is entitled to be indemnified by the estate, up to the amount of commission to which they would otherwise be entitled, for the legal practitioner’s charges and disbursements in connection with that work.