Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If an executor or administrator has given such or the like notices as, in the opinion of the Supreme Court in which the executor or administrator is sought to be charged, would have been given by the court in an administration suit, for creditors and others to send in to the executor or administrator their claims against the estate of the testator or intestate, the executor or administrator may, at the end of the time stated in the notices, or the last of the notices, for sending in those claims, distribute the assets of the testator or intestate, or any part of the assets, among the persons entitled, having regard to the claims of which the executor or administrator has then notice.
(2) An executor or administrator must not distribute the assets of the testator or intestate, or any part of them, unless he or she has—
(a) 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
(b) taken into account any relevant information, documents or certified copies of, or extracts from, documents obtained from the registrar-general as a result of the search.
(3) If an executor or administrator has complied with subsection (2), the executor or administrator is not liable for the assets or any part of the assets so distributed to any person of whose claim he or she has not had notice at the time of the distribution.