Western Australian Current Acts Western Australian Current Acts (1) Where a trustee
has given notice by advertisement published at least once in the Government
Gazette and in a newspaper circulating in each locality in which, in the
opinion of the trustee, claims are likely to arise, requiring persons having
claims to which this section applies to send to the trustee, within the time
fixed in the notice, particulars of their claims and warning them of the
consequences of their failure to do so, then, at the expiration of that time
or at any time thereafter, the trustee may administer 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 trustee then has notice; and he shall not, as respects the
property so administered or distributed, be liable to any person of whose
claim he has not had notice at the time of the administration or distribution.
(2) Nothing in this
section affects any remedy that a person may have under section 65 or any
other right or remedy available to him against any person other than the
trustee, including any right that he may have to follow the property and any
money or property into which it is converted.
(3) The time to be
fixed by any notice, published in accordance with subsection (1), for the
sending in of claims, shall be not less than one month from the date on which
the notice is given.
(4) Where the personal
representative of a deceased person gives notice by advertisement in
accordance with subsection (1), the localities specified in that subsection
shall include each locality in which the deceased resided or carried on
business at any time during the year immediately preceding his death.
(5) Notice by
advertisement for the purposes of this section shall, so far as regards the
contents of the advertisement, be sufficient if given in the form in the
Second Schedule or in a form to the like effect.
(6) Where the trustee
is in doubt as to what advertisements should be published under this section,
he may apply to the Court for directions.
(7) Any advertisement
published under this section may relate to more than one estate or trust
property.
(8) This section
applies notwithstanding anything to the contrary in the instrument (if any)
creating the trust.
(9) Except as provided
in subsection (10), this section applies to claims, whether present or future,
certain or contingent, against a trustee, being claims —
(a)
against or in respect of the estate of the deceased person or the trust
property, including (without limiting the generality of the foregoing) claims
that survive or lie against or in respect of the estate or property under
section 4 of the Law Reform (Miscellaneous Provisions) Act 1941 ; or
(b)
against the trustee personally, by reason of his being under any liability in
respect of which he is entitled to reimburse himself out of the estate or
property that he is administering.
(10) This section does
not apply to —
(a) any
claim under the Family Provision Act 1972 ; or
(b) any
claim by a person to be a beneficiary under the will, or to be entitled on the
intestacy, of the deceased person, or to be beneficially interested under the
trust.
[Section 63 amended: No. 57 of 1972 s. 3; No. 48
of 2011 s. 16(2).]