New South Wales Consolidated Acts
[Search this Act]
PROBATE AND ADMINISTRATION ACT 1898 - SECT 92A
Personal representatives may make maintenance distributions within 30 days
92A Personal representatives may make maintenance distributions within 30 days
(1) This section applies if a person (the
(a) survives a deceased person, and
(b) at the time of the
deceased person's death, was wholly or substantially dependent on the deceased
(c) will be entitled to part or all of the deceased person's
estate if the person survives the deceased person for 30 days or, if that or
another period for survival appears in the will, within the period appearing
in the will (the
"specified period" ).
(2) The executor or administrator of the deceased
person's estate may make a distribution that is an adequate amount for the
proper maintenance, support or education of the survivor at any time after the
death of the deceased person, including within 30 days, or the
specified period, after the death of the deceased person.
(3) The executor or
administrator may make the distribution even though the executor or
administrator knows, when the distribution is made, of a pending application,
or an intended application, for an order under the Family Provision Act 1982
in relation to the deceased person.
(4) The executor or administrator is not
liable for a distribution under subsection (2) that is made in good faith.
(5) An amount distributed under subsection (2) to a survivor must be deducted
from any share of the estate to which the survivor becomes entitled.
However, if the survivor does not survive the deceased person for 30 days, or
the specified period, the distribution is to be treated as an administration
(7) An authorised deposit-taking institution does not incur any
liability in relation to any transaction concerning an account of the deceased
person kept with the institution or with some other financial institution that
it is authorised to make by the executor or administrator of the deceased
person for the purposes of a distribution under subsection (2).
Subsection (7) does not relieve an authorised deposit-taking institution from
any liability or obligation it would have apart from that subsection.
AustLII: Copyright Policy