Victorian Current Acts Victorian Current ActsS. 33(1)(a) amended by S.R. No. 380/1973 reg. 2(a).
(1) (a) With a view to the conveyance to or distribution among the persons entitled to any real or personal property, the trustees of a settlement or of a disposition on trust for sale or personal representatives, or persons who have made application to the registrar of probates for a grant of representation may give notice by advertisement in the Government Gazette, and in a daily newspaper, published in Melbourne and also if the property includes land not situated within 80 kilometres of the City of Melbourne in a newspaper published at least once a week in the district in which the land is situated, and such other like notices, including notices elsewhere than in Victoria, as would in any special case have been directed by the Court in an action for administration, of their intention to make such conveyance or distribution as aforesaid, and requiring any person interested to send to the trustees or personal representatives or persons who have made application to the registrar of probates for a grant of representation within the time not being less than two months, fixed in the notice or where more than one notice is given, in the last of the notices, particulars of his claim in respect of the property or any part thereof to which the notice relates [8] .
(b) Notice by advertisement for the purposes of this subsection given by any personal representative or by any trustee or by any person who has made an application for a grant of representation as aforesaid shall so far as regards the contents of the advertisement be deemed to be sufficient if given in the form in the Second Schedule to this Act or to the like effect.
S. 33(2) amended by S.R. No. 380/1973 reg. 2(b), amended by Nos 55/1987 s. 57(3)(Sch. 5 item 66), 74/2000 s. 3(Sch. 1 item 132.2), 6/2018 s. 68(Sch. 2 item 127).
(2) In any case where the real and personal property of a testator or intestate are sworn or affirmed not to exceed $2000 or where State Trustees has filed an election to administer the estate of a testator or intestate notice by advertisement for the purposes of subsection (1) of this section shall as regards publication be deemed to be sufficient if inserted once in a daily newspaper published in Melbourne, and also, where the testator or intestate resided or carried on business in any place or district in Victoria situated more than 40 kilometres from Melbourne, in a daily or weekly newspaper (if any) published or circulating in such place or district.
(3) At the expiration of the time fixed by the notice the trustees or personal representatives may convey or distribute the property or any part thereof to which the notice relates, to or among the persons entitled thereto, having regard only to the claims whether formal or not, of which the trustees or personal representatives then had notice, and shall not, as respects the property so conveyed or distributed, be liable to any person of whose claim the trustees or personal representatives have not had notice at the time of conveyance or distribution; but nothing in this section shall—
(a) prejudice the right of any person to follow the property, or any property representing the same, into the hands of any person, other than a purchaser, who has received it; or
(b) free the trustees or personal representatives from any obligation to make searches or obtain official certificates of search similar to those which an intending purchaser would be advised to make or obtain.
In this subsection "personal representatives" means any personal representatives who have (whether as such or as applicants for a grant of representation) complied with the requirements of subsection (1) of this section or (where the case allowed) with the requirements of that subsection as modified by subsection (2) of this section.
(4) This section applies notwithstanding anything to the contrary in the will or other instrument (if any) creating the trust.
(5) In this section representation means the probate of a will or letters of administration.
No. 5770 s. 34.