Australian Capital Territory Current Acts

ADMINISTRATION AND PROBATE ACT 1929 - SECT 64

    (1)     An executor or administrator of a deceased person's estate may give public notice before distributing the assets of the estate.

Note 1     Public notice may be given before making a distribution under the following provisions:

        (a)     the Family Provision Act 1969

, s 21 (Protection of administrator);

        (b)     the Trustee Act 1925

, s 60 (Distribution after notice).

Note 2     If a form is approved for a particular purpose under the Court Procedures Act 2004

, s 8 the form must be used for that purpose.

    (2)     The public notice must state that—

        (a)     a creditor or anyone else may give the executor or administrator their claim against the estate within the period stated in the notice, being at least 1 month after the notice is given; and

        (b)     the executor or administrator intends to distribute the estate after the later of the following:

              (i)     the end of the period stated in the notice;

              (ii)     6 months after the day probate or administration was granted; and

        (c)     the executor or administrator will only consider claims that are given to the executor or administrator when distributing the estate.

    (3)     The executor or administrator must consider each claim given within the period stated in the notice.

    (4)     The executor or administrator is not liable to any person for any distributed assets if the executor or administrator—

        (a)     gave notice under subsection (1); and

    (b)     did not have notice of the person's claim when the distribution was made.