Australian Capital Territory Numbered Acts

JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT ACT 2021 (NO 2) (NO. 33 OF 2021) - SECT 4

substitute

64     Distribution of assets

    (1)     The executor or administrator of the estate of a testator or intestate may distribute the assets of the estate, or part of the assets, among the people entitled only if the executor or administrator—

        (a)     gave public notice for creditors or anyone else to give the executor or administrator their claims against the estate within the time stated in the notice; and

        (b)     had regard to each claim the executor or administrator received within the time stated in the notice; and

        (c)     applied under the Births, Deaths and Marriages Registration Act 1997

for a search of the register for information about the parents or any children—

              (i)     of the deceased person; or

              (ii)     of any other person known by the executor or administrator to be relevant to the distribution of the assets; and

        (d)     had taken into account any relevant information or documents obtained from the registrar-general as a result of the search.

    (2)     A notice under subsection (1) (a) must state that—

        (a)     after the later of the time set out in the notice and 6 months after the date of death of the deceased person, the executor or administrator intends to distribute the deceased person's estate; and

        (b)     in the distribution of the deceased person's estate, the executor or administrator will only have regard to claims which are notified to the executor or administrator at the time of the distribution.

Note     Public notice given under subsection (1) (a) is also required before making a distribution under the following provisions:

        (a)     the Family Provision Act 1969

, s 21 (Protection of administrator);

        (b)     the Trustee Act 1925

, s 60 (Distribution after notice).

    (3)     The executor or administrator is not liable to any person for any distributed assets if the executor or administrator—

        (a)     complied with subsection (1) (c) and (d); and

        (b)     did not have notice of the person's claim when the distribution was made.

Part 3     Births, Deaths and Marriages Registration Act 1997