Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRUSTEE ACT 1925 - SECT 60

Distribution after notice

    (1)     Where a trustee intends to convey or distribute any property to or among the persons entitled to it, he or she may give the requisite notice of his or her intention so to convey or distribute the property.

    (2)     For subsection (1), the requisite notice is a public notice and such other notice or notices (if any) published within or outside the ACT as may be given under the Administration and Probate Act 1929

, section 64 in the case of an intended distribution of assets by an executor or administrator.

Note     Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1).

    (3)     The notice shall require any person interested to send particulars of his or her claim in respect of the property or any part of it to which the notice relates to the trustee within the time, not being less than 1 month, fixed in the notice or when more than 1 notice is given in the last of the notices.

    (4)     At the expiration of the time fixed by the notice the trustee may convey or distribute the property or any part of it to or among the persons entitled to it, having regard only to the claims, formal or otherwise, of which he or she then had notice.

    (5)     If the requisite notice has been given, the trustee shall not, as respects the property conveyed or distributed, be liable to any person of whose claim the trustee has not had notice at the time of the conveyance or distribution.

    (6)     Nothing in this section shall prejudice the right of any person to follow the property, or any property representing the same, into the hands of any person who may have received the same.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback