Australian Capital Territory Current Acts

ADMINISTRATION AND PROBATE ACT 1929 - SECT 9B

    (1)     If the Supreme Court makes a grant of probate of the will, or administration of the estate, of a person on evidence supporting a presumption of the death of the person—

        (a)     the grant must be expressed to be made on presumption of the death of the person; and

        (b)     the estate of the person must not be distributed without the leave of the court; and

        (c)     the court may, in the probate or administration or by an order made at any time, give leave to distribute the estate; and

        (d)     the court may, in giving leave to distribute the estate of the person, direct that the distribution must not be made unless each person who is to take under the distribution gives an undertaking or security that he or she will, if the probate or administration is revoked—

              (i)     if the person has received property other than money under the order—restore the property or, at his or her option, pay an amount equal to the value of the property at the time he or she received the property to the person whose death was presumed or, if that person has subsequently died, to the administrator of the estate of that person; or

              (ii)     if the person has received money under the order—pay an amount equal to the amount of the money received under the order to the person whose death was presumed or, if that person has subsequently died, to the administrator of the estate of that person; and

        (e)     the court may direct the executor or the administrator to give, before the estate is distributed, the notices (including a notice stating a date before which a caveat against the distribution of the estate may be filed in the Supreme Court under the rules) that the court considers appropriate.

    (2)     If an executor or administrator of an estate has given the notices directed by the Supreme Court under subsection (1) (e), the executor or administrator—

        (a)     may, subject to subsection (3), after the end of the period stated in the notices, distribute the estate among the persons entitled to it, having regard only to the claims of which the executor or administrator has notice at the time of the distribution; and

        (b)     is not liable, in relation to any part of the estate so distributed, to a person entitled to that part of whose claim he or she did not have notice at the time of the distribution.

    (3)     If a caveat against the distribution of an estate has been filed in the Supreme Court in accordance with a notice under subsection (1) (e) and the caveat is in force under the rules—

        (a)     the executor or administrator must not distribute the estate among the persons entitled to it except under an order of the Supreme Court under subsection (4); and

        (b)     the executor or administrator, the person who filed the caveat or a person interested in the distribution of the estate may make application to the Supreme Court for an order under subsection (4).

    (4)     Despite the filing of a caveat in the Supreme Court in accordance with subsection (1) (e), the court may, on application under subsection (3) (b), make an order authorising the executor or administrator of an estate to distribute the estate among the people entitled to it.

    (5)     An order under subsection (4) may authorise the distribution of the estate subject to the conditions the Supreme Court considers appropriate.