Victorian Current Acts Victorian Current ActsIf a grant is made on presumption of death—
(a) the grant shall be expressed to be made on presumption of death only;
(b) the estate shall not be distributed without the leave of the Court, which leave may be given in the grant or by a separate order, and either unconditionally or subject to such conditions as the Court deems reasonable, and, in particular, if the Court thinks fit, subject to an undertaking being entered into or security being given by any person who takes under the distribution that he will restore any money or property received by him or the amount or value thereof in the event of the grant being revoked;
S. 8(c) amended by No. 6505 s. 2.
(c) the Court may direct the personal representative before distributing the estate to give such notices as the Court deems proper in the circumstances in order that the person whose death has been presumed, if he is still living, or in order that, if he has died since the date of the grant, any person interested in the estate may lodge with the registrar within such time as is specified by the Court a caveat against the distribution; and, if the Court directs any such notice to be given, the personal representative shall not have the benefit of paragraph (a) of section ten or of subsection (2) of section thirty-one of this Act unless he complies with the direction;
(d) if a caveat is duly lodged within such time as is specified by the Court, the personal representative shall not distribute the estate until the caveat is withdrawn or removed;
(e) an application for leave to distribute the estate and for directions may be made and a caveat may be lodged withdrawn or removed in accordance with Rules of Court, and the Court may make such order in respect of costs and otherwise as it deems proper;
S. 8(f) repealed by No. 10/1994
s. 13(a).
* * * * *
No. 4141 s. 4.